The opinion
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
TIMOTHY WAYNE BROWN, )
)
Petitioner, )
)
v. ) Case No. 5:21-cv-1666-MHH-GMB
)
KATHERINE IVEY, et al., )
)
Respondents. )
MEMORANDUM OPINION AND ORDER
On May 26, 2022, the Magistrate Judge entered a report in which he
recommended that the Court dismiss Timothy Wayne Brown’s petition for writ of
habeas corpus with prejudice because Mr. Brown’s petition is untimely. (Docs. 1,
12). The Magistrate Judge also recommended that the Court deny a motion in which
Mr. Brown challenges the constitutionality of AEDPA based on the one-year time
limit that restricts access to a writ of habeas corpus, (Doc. 9). The Magistrate Judge
advised the parties of their right to file written objections to his report, (Doc. 12, pp.
13-14); the Court has not received objections.
Having reviewed the record, the Court adopts the Magistrate Judge’s report
and accepts his recommendation. Consistent with that recommendation, by separate
order, the Court will dismiss Mr. Brown’s petition for writ of habeas corpus with
prejudice because the petition is untimely. The Court denies Mr. Brown’s motion
to declare AEDPA unconstitutional.
A district court may issue a certificate of appealability “only if the applicant
has a made a substantial showing of the denial of a constitutional right.” 28 U.S.C.
2253(c)(2). To make such a showing, a “petitioner must demonstrate that reasonable
jurists would find the district court’s assessment of the constitutional claims
debatable or wrong,” Slack v. McDaniel, 529 U.S. 473, 484 (2000), or that “the
issues presented were adequate to deserve encouragement to proceed further.”
Miller-El vy. Cockrell, 537 U.S. 322, 336 (2003) (internal quotations omitted). Mr.
Brown’s claims do not satisfy either standard. Therefore, the Court will not issue a
certificate of appealability. If Mr. Brown wishes to appeal, he must request a
certificate of appealability from the Eleventh Circuit Court of Appeals.
DONE and ORDERED this June 29, 2022.
adetni Si Hasta
Mail. SSO
UNITED STATES DISTRICT JUDGE