Dreding v. Toney

Filing 35

ORDER denying 33 Motion for Certificate of Appealability; 31 Motion IFP denied at doc. 32 Endorsed Order, and Adopting, re 34 the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(l)(B) as the opinion of this Court. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED. Signed by Judge Kristi K. DuBose on 6/14/11. (Clerk mailed copy to Appellant, e-mailed to USCA). (jal)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BURNICE TAFT DREDING, JR.,
Petitioner,
vs.
DEBORAH TONEY,
Respondent.

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CIVIL ACTION 10-0525-KD-M

ORDER
After due and proper consideration of all portions of this file deemed relevant to
Petitioner Burnice Taft Dreding, Jr.’s Notice of Appeal (Doc. 28), Motion for Leave to Appeal In
Forma Pauperis with Prisoner Account Statement (Doc. 31) and Motion for Certificate of
Appealability (Doc. 33), the Report and Recommendation of the Magistrate Judge made pursuant
to 28 U.S.C. § 636(b)(3) and dated June 6, 2011, is ADOPTED as the opinion of this Court.1
Therefore, it is ORDERED that Petitioner Dreding’s Motion for Leave to Appeal In
Forma Pauperis with Prisoner Account Statement (Doc. 31) is DENIED, and that Petitioner
Dreding’s Motion for Certificate of Appealability is DENIED. It is further CERTIFIED that
this appeal is not taken in good faith in that the Petitioner has failed to show that he has a nonfrivolous issue to be presented to the Eleventh Circuit Court of Appeals.
DONE and ORDERED this the 14th day of June 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

1

Since the Report and Recommendation was made after a referral pursuant to 28 U.S.C. §
636(b)(3), the Petitioner does not have the opportunity to file an objection. See, e.g., Minetti v. Port of
Seattle, 152 F.3d 1113, 1114 (9th Cir. 1998) (providing that “Section 636(b)(3) does not provide a party
with ten days to file written objections with the district court[]”).