Thomas v. Patterson

Filing 14

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Billy Jack Thomas dismissing this action. Should Petitioner file a certificate of appealability, it is denied as he is not entitled to appeal in forma pauperis. Signed by Judge Kristi K. DuBose on 11/13/2012. (copy mailed) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BILLY JACK THOMAS,
Petitioner,
vs.
TONY PATTERSON,
Respondent.

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CIVIL ACTION 12-0365-KD-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 Report
and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated
October 18, 2012 is ADOPTED as the opinion of this Court.
It is ORDERED that this habeas petition is DENIED and that this action is
DISMISSED. It is further ORDERED that, should Petitioner file a certificate of appealability,
it is DENIED as he is not entitled to appeal in forma pauperis.
DONE and ORDERED this the 13th day of November 2012.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE