Seltzer v. City of Mobile

Filing 14

JUDGMENT that Pet's request for habeas relief, construed as having been brought pursuant to 28:2254, is dismissed. Alternatively, to the extent Pet has failed to exhaust state remedies that are no longer available, this Court finds that it is pr ocedurally barred from reaching the merits of his alleged constitutional claims. Pet is not entitled to a certificate of appealability and, therefore, is not entitled to proceed in forma pauperis. Signed by Judge Callie V. S. Granade on 7/29/2013. (copy mailed to Pet on 7/29/13) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIAM SELTZER, JR.,
Petitioner,
vs.
SAM COCHRAN,
Respondent.

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CIVIL ACTION NO. 13-0032-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,
construed as having been brought pursuant to 28 U.S.C. § 2254, is dismissed due to
his failure to fully exhaust his state court remedies. Alternatively, to the extent
Seltzer has failed to exhaust state remedies that are no longer available, this Court
finds that it is procedurally barred from reaching the merits of his alleged
constitutional claims. Seltzer is not entitled to a certificate of appealability and,
therefore, he is not entitled to appeal in forma pauperis.
DONE and ORDERED this 29th day of July, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE