Wilson v. Hooks et al (INMATE1)
ORDER that: (1) Mr. Wilson's 35 Objection is OVERRULED; (2) The 34 REPORT AND RECOMMENDATION is ADOPTED; Mr. Wilson's 1 Petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 is DENIED, and; (4) This case is DISMISSED with prejudice. Signed by Honorable William Keith Watkins on 9/15/2009. (dmn)
IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION T O M M Y LEE WILSON, A IS #225500, P e titio n e r, v. R A L P H HOOKS, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) ) )
C A S E NO. 3:06-CV-751-WKW
ORDER On August 17, 2009 the Magistrate Judge filed a Recommendation
(" R e c o m m e n d a tio n " ) in this case. (Doc. # 34.) Petitioner Tommy Lee Wilson filed an O b je c tio n to the Recommendation on September 3, 2009. (Doc. # 35.) The court has c o n d u c te d an independent and de novo review of those portions of the Recommendation to w h ic h objection is made. See 28 U.S.C. § 636(b)(1). M r. Wilson's Objection fails to identify specific points of disagreement with the R e c o m m e n d a tio n . Mr. Wilson does not explain how he can overcome the
R e c o m m e n d a tio n 's finding that all but one of his grounds for habeas relief are procedurally b a rre d by his failure to exhaust them in state court. (Doc. # 34, at 12-13, 22-26.) The only s u rv iv in g ground for relief is Mr. Wilson's claim that the evidence at his trial was c o n s titu tio n a lly insufficient to support the verdict against him, in contravention of Jackson v . Virginia, 443 U.S. 307, 318-19 (1979). As the Recommendation states, Mr. Wilson has m a d e no showing that the state court's resolution of this issue fell below the highly
deferential standard of review to be applied in federal habeas corpus proceedings. (Doc. #34, a t 17-19.) Accordingly, it is ORDERED that: (1 ) Mr. Wilson's Objection (Doc. # 35) is OVERRULED; (2 ) The Recommendation (Doc. # 34) is ADOPTED; (3) Mr. Wilson's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is D E N IE D , and; (4 ) This case is DISMISSED with prejudice. D O N E this 15th day of September, 2009. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?