McMillian v. Mitchem

Filing 23

ORDER ADOPTING the 21 REPORT AND RECOMMENDATIONS. It is ORDERED that this petition for writ of habeas corpus be DENIED. It is further 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 8/16/2011. Copy mailed to Petitioner. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MELVIN McMILLIAN,
Petitioner,
vs.
BILLY MITCHEM,
Respondent.

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CIVIL ACTION 11-0005-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 Court.
It is ORDERED that this petition for writ of habeas corpus,
filed pursuant to 28 U.S.C. § 2254, be DENIED.

It is further

ORDERED that Petitioner is not entitled to a certificate of
appealability and, therefore, not entitled to appeal in forma
pauperis.
DONE this 16th day of August, 2011.

s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE