Taite v. Thomas

Filing 91

ORDER ADOPTING 85 REPORT AND RECOMMENDATION as the opinion of this Court. Petitioner Taite's operative Petition is DISMISSED as time-barred and Taite is not entitled either to a Certificate of Appealability or to appeal in forma pauperis. Signed by Senior Judge Callie V. S. Granade on 8/4/2016. (copy to Petitioner) (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MARCUS ORLANDO TAITE,
AIS #00180664,
Petitioner,
v.
CYNTHIA STEWART, Warden,
Fountain Correctional Facility,
Respondent.

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CIVIL ACTION NO. 13-00322-CG-N

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 Report and Recommendation of the Magistrate Judge (Doc. 85) dated June 28,
2016, and made under 28 U.S.C. § 636(b)(1)(B)-(C), Rule 8(b) of the Rules Governing
Section 2254 Cases in the United States District Courts, and S.D. Ala. GenLR
72(a)(2)(R) is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Petitioner Taite’s operative Petition for
Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254 (Doc.
27) is DISMISSED as time-barred and that Taite is not entitled either to a
Certificate of Appealability or to appeal in forma pauperis.
DONE and ORDERED this 4th day of August, 2016.
/s/ Callie V. S. Granade
SENIOR UNITED STAES DISTRICT JUDGE