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)

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