Patrick Swiney - Actual Innocence, Newly-discovered Evidence

Attorney of Record:

Withdrawal letter

2254 Habeas Corpus Actual innocence:
U.S. District Court, Northern District of Alabama, Southern Division
Period: 06/09/06 to 07/31/06




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Legal Status
06/09/06 P16

Plaintiff: 2254 Habeas Corpus Actual innocence:

EXHIBITS attached to 2254:
Exhibit 1 – Photos showing no bullet hole
Exhibit 2 - Counsel’s affidavit
Exhibit 3 - Witnesses’ affidavits
Exhibit 4 - DuPont report
Exhibit 5 - Copy of signed postal receipts


Access to Federal Court denied by 11th Circuit Court 06-14-06 - Meaning, this habeas corpus cannot be reviewed by the Federal Court in Alabama. See C13
06/27/06 P17

Plaintiff: Motion to Amend Pleadings - Writ of Habeas Corpus by a Person in State Custody. Mr. Swiney avers that §2244(b)(3)(A)’s gatekeeping mechanism does not apply and Mr. Swiney did not require permission from the 11th Circuit Court under the law to proceed in this Court.

Note: Motion was received by the Court via overnight mail on 06/21/06. On 06/23/06 Court called counsel stating that signed hard copy received was not acceptable. Court instructed counsel that a password would be emailed so counsel could file motion electronically. After follow up by counsel, Court emailed password on 06/27/06 and motion was docketed that same day.

State's response to Plaintiff's claims is due on 06/29/06.

Dismissed 07/31/06
07/31/06 C14

Court: Without authorization this court lacks jurisdiction to consider a second or successive motion. Hill v. Hopper, supra. Accordingly, it is ORDERED that the petition for writ of habeas corpus is hereby DISMISSED. SHARON LOVELACE BLACKBURN, UNITED STATES DISTRICT JUDGE.


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