Lundy v. Alabama Dept. of Corrections

Filing 26

ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS. It is ORDERED that this habeas petition be DISMISSED as time-barred. 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 Senior Judge Charles R. Butler, Jr on 10/31/2011. copy mailed to petitioner. (sdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

RODNEY MITCHELL LUNDY,
Petitioner,
vs.
J. C. GILES,
Respondent.

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CIVIL ACTION 11-0018-CB-M

ORDER

After due and proper consideration of all pleadings in this
file, and there having been no objections filed, 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 habeas petition be DISMISSED as
time-barred.

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 31st day of October, 2011.

s/Charles R. Butler, Jr.
CHARLES R. BUTLER, JR.
UNITED STATES DISTRICT JUDGE