Thomas Swindle v. Leoneal Davis, Warden and the Attorney General of the State of Alabama

Appellant, Thomas Swindle, was convicted of manslaughter in Tuscaloosa County, Alabama and was sentenced to twelve years of imprisonment. He filed a petition pursuant to 18 U.S.C. § 2254 in the district court alleging several grounds for relief. The court adopted the report and recommendation of the magistrate, and granted summary judgment in favor of the defendants. On appeal, appellant argues that genuine issues of material fact exist concerning his claim of newly discovered evidence. We affirm the judgment of the district court.

The magistrate and district court correctly recognized that…