Pardue v. Price

Filing 10

ORDER ADOPTING 7 REPORT AND RECOMMENDATION as the opinion of this Court, denying petition so that Petitioner can exhaust his state remedies, and denying any motion for certificate of appealability filed by Petitioner beDENIED as he is not entitled to appeal in forma pauperis. Signed by Judge Callie V. S. Granade on 5/31/2013. (copy to petitioner) (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICHAEL R. PARDUE,

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Petitioner,
vs.
CHERYL PRICE,
Respondent.

CIVIL ACTION NO. 13-0131-CG-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 is DENIED and that this action is
DISMISSED so that Petitioner can exhaust his state remedies. It is further
ORDERED that any motion for certificate of appealability filed by Petitioner be
DENIED as he is not entitled to appeal in forma pauperis.
DONE and ORDERED this 31st day of May, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE