Hayes v. Wise

Filing 13

JUDGMENT that the petition be dismissed as set out. Signed by Chief Judge Callie V. S. Granade on 8/19/09. (copy mailed to Pet on 8/20/09) (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ARTHUR BERNARD HAYES, AIS 113813, Petitioner, : vs. : DAVID WISE, : Respondent. JUDGMENT In accordance with the order entered on this date, it is hereby ORDERED, ADJUDGED, and DECREED that the instant petition be dismissed as timebarred pursuant to 28 U.S.C. § 2244(d) to the extent that it constitutes Hayes' attempt to attack his underlying January 8, 1976 first-degree murder conviction, or alternatively, that same be dismissed due to petitioner's failure to comply with 28 U.S.C. § 2244(b)(3)(A). To the extent, however, that the petition can be read as attacking the March 2007 revocation of petitioner's parole, this cause is due to be, and is hereby, dismissed, without prejudice, to allow petitioner the opportunity to fully exhaust his state court remedies. DONE and ORDERED this 19th day of August, 2009. CA 09-0166-CG-C : :

/s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE

2