Hines v. Mitchem et al
MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 8/14/14. (SAC )
2014 Aug-14 PM 02:46
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JARVIS WERNER HINES,
BILLY MITHCEM, Warden, et al.,
) Case No.: 5:11-cv-3507-WMA-SGC
The magistrate judge filed a report and recommendation on July
31, 2014 (Doc. 13), recommending this petition for writ of habeas
corpus be denied. On August 12, 2014, petitioner, Jarvis Werner
Hines (“Petitioner”) filed a pleading styled as “Motion to Rebuttal
Report” (Doc. 14).
The court will treat Petitioner’s filing as
objections to the report and recommendation or, in the alternative,
as a motion.
Construed liberally, Petitioner’s most recent filing reasserts
arguments presented to and addressed by the magistrate judge,
including: (1) that Petitioner was a minor at the time of the
murder; and (2) that Petitioner is actually innocent of murder.
(See generally Doc. 14).
These arguments were addressed in the
warranting rejection of the magistrate judge’s conclusions.
Doc. 13 at 11; id. at n.6).
Having carefully reviewed and considered de novo all the
materials in the court file, the court is of the opinion that the
magistrate judge’s findings are due to be and are hereby ADOPTED
and her recommendation is ACCEPTED. To the extent the petitioner’s
filing of August 12, 2014, (Doc. 14), is construed as interposing
objections to the report and recommendation, such objections are
due to be and hereby are OVERRULED. To the extent the petitioner’s
filing (Doc. 14) is construed as a motion, it is due to be and
hereby is DENIED.
Accordingly, the petition for writ of habeas
corpus is due to be DENIED and DISMISSED WITH PREJUDICE.
to Rule 11 of the Rules Governing 2254 Proceedings, and consistent
with the magistrate judge’s recommendation (Doc. 13 at 12), a
certificate of appealability is hereby DENIED.
A Final Judgment will be entered.
DONE this 14th day of August, 2014.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
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