Jones v. Lightner

Filing 13

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS re: 1 Petition for Writ of Habeas Corpus filed by Laryie Earl Jones. The habeas corpus petition is DISMISSED for lack of jurisdiction. Petitioner is not entitled to a certificate of appealability and is therefore not entitled to appeal in forma pauperis.. Signed by Judge Kristi K. DuBose on 4/18/2014. (copy to petitioner) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LARYIE EARL JONES, Petitioner, v. WANDA LIGHTNER, Respondent. ) ) ) ) ) ) ) CIVIL ACTION NO. 13-00505-KD-N ORDER After due and proper consideration of the issues raised, and a de novo determination of those portions of the Report and Recommendation (Doc. 11) to which objection (Doc. 12) is made, the Report and Recommendation (Doc. 11) of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated March 27, 2014 is ADOPTED as the opinion of this Court, except for the recommendation that dismissal be stated as being with prejudice. Rather, the Court will simply dismiss for lack of jurisdiction. Accordingly, it is ORDERED that Petitioner’s habeas corpus petition (Doc. 1) is DISMISSED for lack of jurisdiction and that Petitioner is not entitled to a certificate of appealability or to proceed in forma pauperis on appeal. DONE and ORDERED this the 18th day of April 2014. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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