Dunkerley v. State of Alabama et al

Filing 19

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS. It is ORDERED that this habeas petition be DISMISSED, without prejudice. 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. copies to parties. (sdb)

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

PETER JAMES DUNKERLEY,
Petitioner.
vs.
LUTHER STRANGE,
Respondent.

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CIVIL ACTION 11-171-CB-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 habeas petition be DISMISSED,
without prejudice.

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.
SENIOR UNITED STATES DISTRICT JUDGE