Diggs v. Estes

Filing 27

ORDER ADOPTING 25 REPORT AND RECOMMENDATION. 8 Petition for Writ of Habeas Corpus is DENIED as this Court does not have jurisdiction over it, & this action is DISMISSED. Further, any certificate of appealability filed by Petitioner is denied as he is not entitled to appeal in forma pauperis. Signed by Judge Callie V. S. Granade on 9/23/2013. (copy mailed to Pet on 9/23/13) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ERNEST B. DIGGS, JR.,

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Petitioner,
vs.
DEWAYNE ESTES,
Respondent.

CIVIL ACTION 13-0052-CG-M

ORDER
After due and proper consideration of the issues raised, 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 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 is DENIED as
he is not entitled to appeal in forma pauperis.
DONE and ORDERED this 23rd day of September, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE