Smith v. Daniels
Filing
17
ORDER ADOPTING 16 REPORT AND RECOMMENDATION. 7 Petition for Writ of Habeas Corpus is DENIED as this Court does not have jurisdiction over it, & this action is DISMISSED. Any certificate of appealability filed by Pet is to be DENIED as he is not entitled to appeal in forma pauperis. Signed by Judge Callie V. S. Granade on 3/4/2013. (copy mailed to Pet on 3/5/13) (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ANDREW JACKSON SMITH,
Petitioner,
vs.
LEEPOSEY DANIELS,
Defendant.
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CIVIL ACTION NO. 12-0621-CG-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. ยง 636(b)(1)(B) is adopted as the opinion of this Court.
It is ORDERED that this habeas petition is DENIED as this Court does not
have jurisdiction over it and that this action is DISMISSED. It is further
ORDERED that any certificate of appealability filed by Petitioner be DENIED as
he is not entitled to appeal in forma pauperis.
DONE and ORDERED this 4th day of March, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE
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