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)

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

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