Smith v. White

Filing 11

ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Marcus Terrell Smith. The habeas petition is denied and this action is dismissed. Should petitioner file a certificate of appealability it is denied. Signed by Judge Kristi K. DuBose on 11/21/2012. (copy mailed) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MARCUS TERRELL SMITH,
Petitioner,
vs.
CYNTHIA WHITE,
Respondent.

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CIVIL ACTION 12-0416-KD-M

ORDER
After due and proper consideration of all pleadings in this
file, and there having been no objections filed, 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 DENIED and that
this action be DISMISSED.

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 21st day of November, 2012.

s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE