Mays v. Ferrell

Filing 46

ORDER ADOPTING the 44 REPORT AND RECOMMENDATIONS. It is ordered that this habeas petition be Dismissed as time-barred. The Court further ORDERS that this action be DISMISSED as Mays has procedurally defaulted on three of his six claims and the oth er three claims are without merit. Finally, it is ORDERED that Petitioner is not entitled to a certificate of appealability and, therefore, not entitled to appeal in forma pauperis. Signed by Chief Judge William H. Steele on 11/28/2011. Copy mailed to Petitioner. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ROBERT THOMAS MAYS,
Petitioner,
vs.
CARTER F. DAVENPORT,
Respondent.

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CIVIL ACTION 10-0028-WS-M

ORDER
After due and proper consideration of all pleadings in this
file, and a de novo determination of those portions of the
Recommendation to which objection is made, the Recommendation of
the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is
adopted as the opinion of this Court1.
It is ORDERED that this habeas petition be Dismissed as
time-barred.

The Court further ORDERS that this action be

DISMISSED as Mays has procedurally defaulted on three of his six
claims and the other three claims are without merit.

Finally,

it is ORDERED that Petitioner is not entitled to a certificate
of appealability and, therefore, not entitled to appeal in forma
pauperis.

1

The formatting error found in footnote five at the bottom of page 11 of the Report and
Recommendation (Doc. 44) is noted, but is of no consequence.

DONE this 28th day of November, 2011.

s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE