Swilley v. State of Mississippi

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 20 Report and Recommendations. No certificate of appealability shall issue. Signed by District Judge Carlton W. Reeves on 6/19/17. (TLC)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION JAMES ANTHONY SWILLEY V. PETITIONER CAUSE NO. 3:16-CV-230-CWR-RHW WARDEN NEAL HIGGASON RESPONDENT ORDER ADOPTING REPORT AND RECOMMENDATION Before the Court are the Magistrate Judge’s Report and Recommendation (R&R), Docket No. 20, and petitioner James Anthony Swilley’s objection to that R&R, Docket No. 22. Swilley’s objection re-urges his arguments that he was denied effective assistance of counsel and due process of law in Mississippi state court criminal proceedings. Having reviewed the R&R, Swilley’s objection, and the relevant portions of the record, this Court is unpersuaded that Swilley has met the high standard necessary to obtain habeas relief. See 28 U.S.C. § 2254. The R&R is therefore adopted as the Court’s own Order and this case is dismissed. No certificate of appealability shall issue. SO ORDERED, this the 19th day of June, 2017. s/ Carlton W. Reeves UNITED STATES DISTRICT JUDGE

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