Walker v. State of Alabama et al (INMATE 3)

Filing 25

ORDERED as follows: 1) Mr. Kevin J. Walker's 24 Objection is OVERRULED; 2) The 23 Recommendation is ADOPTED; 3) Mr. Kevin J. Walker's 1 petition for writ of habeas corpus under 28 USC § 2254 is DENIED with prejudice. Signed by Chief Judge William Keith Watkins on 5/7/2015. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
KEVIN J. WALKER,
Petitioner,
v.
STATE OF ALABAMA, et al.,
Respondents.

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CASE NO. 2:14-CV-982-WKW

ORDER
On April 2, 2015, the Magistrate Judge filed a Recommendation in this case.
(Doc. # 23.)

On April 15, 2015, Petitioner Kevin J. Walker filed a timely

Objection. (Doc. # 24.) The court has conducted an independent and de novo
review of those portions of the Recommendation to which objection is made. See
28 U.S.C. § 636(b).
In his Objection, Mr. Walker contends that the Magistrate Judge erred when
he determined that Mr. Walker’s § 2254 habeas petition is time-barred. Mr.
Walker’s Objection is largely devoted to restating arguments he proffered in his
habeas pleadings, arguments which the Recommendation directly addressed. As
the Magistrate Judge explained, Mr. Walker’s assertion that the evidence and
arguments presented against him at trial did not match the felony murder charge in
his indictment, but instead reflected that he was tried for “Murder I,” is insufficient

to establish a claim of actual innocence as to his convicted offense. Because Mr.
Walker has failed to present a viable claim of actual innocence so as to relieve him
from the operation of the one-year time bar applicable to § 2254 habeas petitions,
his Objection (Doc. # 24) is due to be overruled.
Accordingly, it is ORDERED as follows:
1.

Mr. Kevin J. Walker’s Objection (Doc. # 24) is OVERRULED.

2.

The Recommendation (Doc. # 23) is ADOPTED.

3.

Mr. Kevin J. Walker’s petition for writ of habeas corpus under 28

U.S.C. § 2254 is DENIED with prejudice.
A separate final judgment will be entered.
DONE this 7th day of May, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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