Hawkins-Bey v. White

Filing 15

ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Robert Lewis Hawkins-Bey, Jr.. Hawkins' petition is dismissed as an improper successive petition, and finds that he is not entitled to a certificate of appealability, and is further not entitled to proceed in forma pauperis on appeal. Signed by Judge Kristi K. DuBose on 7/13/2012. (copy mailed) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ROBERT LEWIS HAWKINS-BEY, JR., : : : : : CIVIL ACTION NO. 11-00612-KD-B : : : : Petitioner, vs. CYNTHIA WHITE, Respondent. ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and 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 action be and is hereby DISMISSED due to Petitioner’s failure to comply with 28 U.S.C. § 2244(b)(3)(A). Petitioner is not entitled to a Certificate of Appealability and is not entitled to proceed in forma pauperis on appeal. DONE this 13th of July, 2012. s/Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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