Pugh v. Scoungers

Filing 32

ORDER ADOPTING 27 REPORT AND RECOMMENDATIONS re 5 Petition for Writ of Habeas Corpus filed by Brandon Marquis Pugh. The petition for writ of habeas corpus is denied and this action is dismissed so Petitioner can exhaust his State remedies. Any certificate of appealability filed by Petitioner is denied as he is not entitled to appeal in forma pauperis.. Signed by Judge Kristi K. DuBose on 2/19/2014. (copy to petitioner) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BRANDON MARQUIS PUGH,

:

Petitioner,

:

v.

:

KENNETH SCOUNGERS,

:

Respondent.

CIVIL ACTION 13-0360-KD-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 petition be DENIED and that this
action be DISMISSED so that Petitioner can exhaust his State
remedies.

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 this 19th day of February, 2014.

s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE