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16-462 - Williams v. Peters


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16-462 - Williams v. Peters
March 16, 2017
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REPORT AND RECOMMENDATIONS: It is recommended that the habeas petition be denied. Petitioner is not entitled to a certificate of appealability and, therefore, he is not entitled to appeal in forma pauperis. Objections to R&R due 14 days from the date of service of this document. Signed by Magistrate Judge P. Bradley Murray on 3/16/2017. Copy mailed to Petitioner. (tgw)
April 27, 2017
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ORDER ADOPTING the 16 REPORT AND RECOMMENDATIONS. Signed by District Judge William H. Steele on 4/27/2017. Copy mailed to Petitioner. (tgw)
April 27, 2017
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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 evidence. 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)