Swiney v. Hetzel et al

Filing 12

MEMORANDUM OPINION. Signed by Judge C Lynwood Smith, Jr on 5/27/2014. (AHI)

FILED
2014 May-28 AM 08:04
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JACK LLOYD SWINEY,
Petitioner,
v.
WARDEN GARY HETZEL and
THE ATTORNEY GENERAL
FOR THE STATE OF
ALABAMA,
Respondents.

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) Case No: 2:12-cvB03575-CLS-JHE
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MEMORANDUM OPINION
On May 5, 2014, the magistrate judge entered a Report and Recommendation,
(doc. 10), recommending that the petition for writ of habeas corpus be dismissed with
prejudice as time barred. Petitioner has filed objections. (Doc. 11). The Court has
considered the entire file in this action, together with the report and recommendation
and objections thereto, and has reached an independent conclusion that the report and
recommendation is due to be adopted and approved.
Accordingly, the Court hereby adopts and approves the findings and
recommendation of the magistrate judge as the findings and conclusions of this court.
The petition for writ of habeas corpus is due to be DISMISSED. A separate Order
will be entered.

This Court may issue a certificate of appealability “only if the applicant has
made a substantial showing of the denial of a constitutional right.” 28 U.S.C.
2253(c)(2). To make such a showing, a “petitioner must demonstrate that reasonable
jurists would find the district court’s assessment of the constitutional claims debatable
or wrong,” Slack v. McDaniel, 529 U.S. 473, 484 (2000),or that “the issues presented
were adequate to deserve encouragement to proceed further.” Miller-El v. Cockrell,
537 U.S. 322, 336 (2003) (internal quotations omitted). This Court finds Petitioner’s
claims do not satisfy either standard.
DONE this 27th day of May, 2014.

______________________________
United States District Judge

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