Wiggins v. Hetzel

Filing 11

JUDGMENT that Pet's request for habeas corpus relief be dismissed as time-barred as set out. Alternatively, this Court is procedurally barred from reaching the merits of Pet's claims raised in the instant habeas corpus petition or, otherwi se, Pet's claims are hereby dismissed until he has properly raised & exhausted them in the state courts of Alabama. Pet is not entitled to a certificate of appealability &, therefore, he is not entitled to appeal in forma pauperis. Signed by Judge Callie V. S. Granade on 4/15/2013. (copy mailed to Pet on 4/15/13) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIAM CHRISTOPHER
WIGGINS, AIS 256899,
Petitioner,
vs.
GARY HETZEL,
Respondent.

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CIVIL ACTION NO. 12-0712-CG-C

JUDGMENT
In accordance with the order entered on this date, it is hereby ORDERED,
ADJUDGED, and DECREED that petitioner’s request for habeas corpus relief,
pursuant to 28 U.S.C. § 2254, be dismissed as time-barred pursuant to 28 U.S.C. §
2244(d). Alternatively, this Court is procedurally barred from reaching the merits of
petitioner’s claims raised in the instant habeas corpus petition or, otherwise, petitioner’s
claims are hereby dismissed until he has properly raised and exhausted them in the
state courts of Alabama. Wiggins is not entitled to a certificate of appealability and,
therefore, he is not entitled to appeal in forma pauperis.
DONE and ORDERED this 15th day of April, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE