Tate v. Jones

Filing 10

ORDER ADOPTING the 9 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 Chief Judge William H. Steele on 11/18/2011. Copy mailed to Petitioner. (tgw)

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

BILL ANTHONY TATE,
Petitioner,
vs.
KENNETH JONES,
Respondent.

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CIVIL ACTION 11-0332-WS-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 18th day of November, 2011.

s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE