Bailey v. Fourtiss

Filing 44

ORDER ADOPTING 37 REPORT AND RECOMMENDATIONS. This habeas petition is DENIED, & this action is DISMISSED as barred by the statute of limitations. Further, any certificate of appealability filed by Pet be DENIED as he is not entitled to appeal in forma pauperis. Signed by Judge Callie V. S. Granade on 9/11/2014. (copy mailed to Pet on 9/11/14) (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PAUL EUGENE BAILEY, (AIS # 171480), Petitioner, vs. LEON FORNISS, Respondent. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 11-0335-CG-B ORDER After due and proper consideration of the issues raised, 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. ยง 636(b)(1)(B) is adopted as the opinion of this Court. It is ORDERED that this habeas petition be and is hereby DENIED, and that this action is DISMISSED as barred by the statute of limitations. It is further ORDERED that any certificate of appealability filed by Petitioner be DENIED as he is not entitled to appeal in forma pauperis. DONE and ORDERED this 11th day of September, 2014. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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