Lindsay v. Mosley

Filing 42

ORDER ADOPTING 41 REPORT AND RECOMMENDATIONS re: 37 TO DENY MOTION for Certificate of Appealability filed by Roger Howard Lindsay, Objections to R&R due by 4/27/2009 Signed by Magistrate Judge Sonja F. Bivins on 4/7/09. (Clerk mailed copy to Appellant.) Signed by Chief Judge Callie V. S. Granade on 4/30/09. (Clerk mailed Appellant copy and e-mailed copy to USCA). (jal)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ROGER HOWARD LINDSAY, Petitioner, : vs. : GWENDOLYN MOSELY, : Respondent. : ORDER After due and proper consideration of all portions of this file deemed relevant to Roger Howard Lindsay's motion for certificate of appealability (Doc. 37), the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(3) is ADOPTED as the opinion of this court. It is CERTIFIED that this appeal is not taken in good faith in that reasonable jurists could not debate whether Lindsay's habeas petition should have been resolved in a different manner. Therefore, petitioner's motion for certificate of appealability (Doc. 37) is hereby DENIED. DONE and ORDERED this 30th day of April, 2009. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE CIVIL ACTION 06-0064-CG-B : :

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