Lavinskey v. Hetzel et al

Filing 19

ORDER ADOPTING the 17 REPORT AND RECOMMENDATIONS. It is ordered that this petition be DENIED and that this action be DISMISSED. It is further ORDERED that if Petitioner files a certificate of appealability, it be DENIED as he is not entitled to appeal in forma pauperis. Signed by Chief Judge William H. Steele on 2/14/2013. Copy mailed to Petitioner. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CLIFTON ALLEN LAVINSKEY,
Petitioner,
vs.
GARY HETZEL,
Respondent.

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CIVIL ACTION 12-0559-WS-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 petition be DENIED and that this
action be DISMISSED.

It is further ORDERED that if Petitioner

files a certificate of appealability, it be DENIED as he is not
entitled to appeal in forma pauperis.
DONE this 14th day of February, 2013.

s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE