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)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PAUL EUGENE BAILEY,
(AIS # 171480),
Petitioner,
vs.
LEON FORNISS,
Respondent.

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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. § 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