McConico v. Culliver et al

Filing 48

ORDER denying 42 Motion for Certificate of Appealability; denying 43 Motion to Appoint Counsel; denying 46 Motion for Leave to Appeal in forma pauperis; adopting Report and Recommendations re 47 Report and Recommendation. The Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(l)(B) is ADOPTED as the opinion of this Court. Signed by Judge Callie V. S. Granade on 4/1/10. (copy mailed to Appellant, e-mailed USCA) (jal)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JAMES McCONICO, JR., Petitioner, vs. GRANTT CULLIVER, Respondent. : : : : : CIVIL ACTION 09-0322-CG-M : : : : ORDER This matter is before the court on the Report and Recommendation (Doc. 47) of the Magistrate Judge to deny the motion for certificate of appealability (Doc. 42) and motion for leave to appeal in forma pauperis (Doc. 46) filed by the petitioner. After reviewing the record in this case and the report and recommendation of the Magistrate Judge, the court hereby ADOPTS the Report and Recommendation as the opinion of this court. Accordingly, the Motion for Certificate of Appealability (Doc. 42) and the Motion for Leave to Appeal In Forma Pauperis (Doc. 46) are DENIED. In addition, petitioner's Motion to Appoint Counsel (Doc. 43) is also DENIED. DONE and ORDERED this 1st day of April, 2010. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE