UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION

AUBREY BERNARD LAVENDER, ) ) Petitioner, ) ) v. ) Case No.: 7:17-cv-1121-AKK- ) GMB WARDEN JIMMY THOMAS, et al., ) ) Respondents. )

MEMORANDUM OPINION

On May 26, 2020, the magistrate judge entered a report recommending the court dismiss with prejudice Petitioner Aubrey Bernard Lavender’s petition for a writ of habeas corpus as untimely. Doc. 9. The magistrate judge advised the parties of their right to file specific written objections within fourteen days. Id. Lavender has filed objections to the report and recommendation. Docs. 10, 11. In his objections, Lavender argues only that he is innocent of attempted murder and acted in self-defense. Docs. 10, 11. Lavender does not address the magistrate judge’s conclusion that his petition is barred by the one-year period limitation under the Antiterrorism and Effective Death Penalty Act of 1996 and that he is not entitled to statutory or equitable tolling. Id. Accordingly, the court OVERRULES Lavender’s objections. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation and the objections thereto, the

court ADOPTS the magistrate judge’s findings and ACCEPTS his recommendation. Lavender’s petition for a writ of habeas corpus is due to be dismissed with prejudice as untimely. This court may issue a certificate of appealability “only if the applicant has made a substantial showing of the denial of a constitutional right.”

(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,

(2000), or that “the issues presented were adequate to deserve encouragement to proceed further.” Miller-El v. Cockrell,

(2003) (internal quotations omitted). The

court finds Lavender’s claims do not satisfy either standard. The court will enter a separate Final Judgment. DONE the 17th day of June, 2020.

— Aba bho te ABDUL K. KALLON UNITED STATES DISTRICT JUDGE