Phelps v. Thomas

Filing 20

ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Lloyd Burnell Phelps.. Signed by Senior Judge Charles R. Butler, Jr on 5/7/2012. (adk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
LLOYD BURNELL PHELPS,
Petitioner,
vs.
WILLIE THOMAS,
Respondent.

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CIVIL ACTION 12-0028-CB-M

ORDER

After due and proper consideration of all pleadings in this
file, 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 DISMISSED as
time-barred.

It is further ORDERED that, should Petitioner file

a certificate of appealability, it be DENIED as he is not
entitled to appeal in forma pauperis.
DONE this 7th day of May, 2012.

s/Charles R. Butler, Jr.______
CHARLES R. BUTLER, JR.
SENIOR UNITED STATES DISTRICT JUDGE