Gaston v. Hetzel

Filing 15

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS re 11 MOTION for Leave to Appeal in forma pauperis filed by Andrew James Gaston. Petitioner is not entitled to appeal in forma pauperis as set out. Signed by Judge Kristi K. DuBose on 7/18/2012. (copy to petitioner) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ANDREW JAMES GASTON, Petitioner, vs. GARY HETZEL, Respondent. ) ) ) ) ) ) ) ) ) Civil Action No. 12-0014-KD-B 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 recommendation to which objection is made, the recommendation of the Magistrate Judge made under 28 U.S.C. ' 636(b)(l)(B) and dated July 2, 2012, is ADOPTED as the opinion of this Court. The Court finds that Gaston’s appeal is not taken in good faith. Therefore, he is not entitled to appeal in forma pauperis.1 Gaston filed a letter to Magistrate Judge Sonja Bivins which this Court construes as his objection to the report and recommendation (doc. 14). Gaston states that he has paid the $5.00 filing fee (doc. 14). Review of the docket indicates that Gaston filed two substantively identical petitions: In this action and in Gaston v. Hetzel, Civil Action No. 12-0040-WS-N. The Court has received one $5.00 filing fee and that fee has been paid in 12-0040-WS-N. Also, defendant Gary Hetzel has filed an answer in 12-0040-WS-N. Therefore, Gaston’s claims will be addressed in that action. DONE this 18th day of July, 2012. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1 The Court denied Gaston’s motion for a Certificate of Appealability (doc. 13).

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