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Henley v. Smith

United States District Court, Fifth Circuit

May 24, 2013

DERRICK MONTRELL HENLEY, #113918, Petitioner,
v.
ARTHUR L. SMITH, Warden, Respondent.

MEMORANDUM OPINION

CARLTON W. REEVES, District Judge.

This matter is before the Court, sua sponte, for consideration of dismissal. Petitioner Derrick Montrell Henley, an inmate at the Carroll/Montgomery Regional Facility, Vaiden, Mississippi, files this petition for habeas corpus relief pursuant to 28 U.S.C. ยง 2254.

I. Background

Petitioner states that he was convicted on November 7, 2012, of possession of burglary tools in the Circuit Court of Neshoba County, Meridian, Mississippi. Pet. [1] at 1. He received a five-year sentence. Id. Petitioner's grounds for habeas relief are as follows:

Ground 1 - [Petitioner was] convicted of a crime [he] was never charged with.
Ground 2 - The court exceed[ed] the statute of limitation on getting [Petitioner] to trial.
Ground 3 - The way [Petitioner's] trial was being conducted.
Ground 4 - The testif[y]ing officer [was] lying on [the] stand.
Ground 5 - Officer saying my headlights were off.
Ground 6 - Fraudulent evidence.
Ground 7 - My witnesses were never called.

Id. at 2-11. Additionally, Petitioner states that he has not presented these grounds to a higher state court because of his lack of resources and lack of knowledge in the area of the law. Id. at 13.

II. Analysis

After reviewing Petitioner's application for habeas corpus relief and applying a liberal construction as required by Haines v. Kerner, 404 U.S. 519 (1972), the ...


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