Perez v. Cummins

Filing 21

ORDER ADOPTING 17 MOTION for Certificate of Appealability by Raul Perez, Jr. Referred to Judge William E. Cassady. (jal) filed by Raul Perez, Jr., 19 REPORT AND RECOMMENDATIONS to DENY, re 17 MOTION for Certificate of Appealability filed by Raul Perez, Jr. Signed by Magistrate Judge William E. Cassady on 12/2/08. (jal). Signed by Judge William H. Steele on 12/4/08. (copy to Appellant) (jal)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION RAUL PEREZ, JR., AIS 243870, Petitioner, : vs. : WARDEN CUMMINS, : Respondent. ORDER After due and proper consideration of all portions of this file deemed relevant to Raul Perez, Jr.'s motion for Certificate of Appealability, 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. Because reasonable jurists could not debate whether Perez' 2254 petition should have been resolved in a different manner, petitioner's Motion for Certificate of Appealability (Doc. 17) is due to be and hereby is DENIED. DONE this the 4th day of December, 2008. s/ WILLIAM H. STEELE UNITED STATES DISTRICT JUDGE CIVIL ACTION NO. 08-0293-WS-C : :

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