Kennedy v. Forniss

Filing 19

JUDGMENT that the habeas corpus petition be dismissed w/o prejudice as set out. Pet is not entitled to a cert. of appealability &, therefore, is not entitled to appeal in forma pauperis. Signed by Judge Callie V. S. Granade on 9/23/10. (copy mailed to Pet on 9/24/10) (tot)

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Kennedy v. Forniss Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION RICHARD DARON KENNEDY, AIS 196984, Petitioner, : vs. : LEON FORNISS, : Respondent. JUDGMENT In accordance with the order entered on this date, it is hereby ORDERED, ADJUDGED, and DECREED that the present habeas corpus petition, filed pursuant to 28 U.S.C. ' 2254, be dismissed without prejudice due to petitioner=s failure to comply with 28 U.S.C. ' 2244(b)(3)(A). Kennedy is not entitled to a certificate of appealability and, therefore, he is not entitled to appeal in forma pauperis. DONE and ORDERED this 23rd day of September, 2010. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE : : CA 10-0251-CG-C 1

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