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)

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
:
:
:
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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