Williams v. Stewart

Filing 18

JUDGMENT: It is hereby ORDERED, ADJUDGED, and DECREED that petitioner's request for federal habeas corpus relief should be DENIED because habeas corpus provides no relief for freestanding claims of actual innocence based on newly discovered evid ence. In addition, this claim has not been fully exhausted in the statecourts of Alabama and, therefore, is procedurally barred. Williams is not entitled to a certificate of appealability and, therefore, he is not entitled to appeal in forma pauperis. Signed by District Judge William H. Steele on 4/27/2017. Copy mailed to Petitioner. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
TERRY JERROD WILLIAMS,
AIS 296974,

:
:

Petitioner,
vs.

:
:

CA 16-0462-WS-MU

CYNTHIA STEWART,
Respondent.

:
JUDGMENT

In accordance with the order entered on this date, it is hereby ORDERED,
ADJUDGED, and DECREED that petitioner’s request for federal habeas corpus relief,
pursuant to 28 U.S.C. § 2254 (Doc. 1), should be DENIED because habeas corpus
provides no relief for freestanding claims of actual innocence based on newly
discovered evidence. In addition, this claim has not been fully exhausted in the state
courts of Alabama and, therefore, is procedurally barred. Williams is not entitled to a
certificate of appealability and, therefore, he is not entitled to appeal in forma pauperis.
DONE this 27th day of April, 2017.
s/WILLLIAM H. STEELE
UNITED STATES DISTRICT JUDGE