Lee v. Cochran

Filing 5

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Calvin Alphonse Lee. The petition is dismissed without prejudice to allow him the opportunity to fully exhaust his state court remedies. Lee is not entitled to a certificate of appealability and is not entitled to appeal IFP. Signed by Judge Kristi K. DuBose on 8/31/2012. (copy mailed) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CALVIN ALPHONSE LEE, Plaintiff, : : v. : SAM COCHRAN, et al, : Defendants. CIVIL ACTION: 12-00479-KD-C : ORDER After due and proper consideration of all pleadings in this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated August 8, 2012 is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Petitioner’s federal habeas corpus petition, filed pursuant to 28 U.S.C. § 2254 is DISMISSED without prejudice to allow the Petitioner the opportunity to exhaust his state remedies. It is further ORDERED that the Petitioner is not entitled to a certificate of appealability and, therefore, he is not entitled to appeal in forma pauperis. DONE and ORDERED this the 31st day of August 2012. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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