Lee v. Stewart

Filing 4

ORDER ADOPTING 3 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Frank Lee. This petition is dismissed as time-barred. Petitioner is not entitled to a certificate of appealability and thereofore, he is not entitled to appeal IFP. Signed by Judge Kristi K. DuBose on 12/12/2013. (copy to petitioner) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION FRANK LEE, JR., AIS 154448, Petitioner, : : : vs. Civil Action No. 13-00543-KD-C CYNTHIA STEWART, Respondent. : : ORDER After due and proper consideration of all issues raised, and there having been no objections filed, the Report and Recommendation (Doc. 3) of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated November 13, 2013, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Petitioner’s petition for writ of habeas corpus (Doc. 1) filed pursuant to 28 U.S.C. § 2254 is DISMISSED as time-barred pursuant to 28 U.S.C. § 2244(d), that Petitioner is not entitled to a Certificate of Appealability, and that Petitioner is not entitled to appeal in forma pauperis. Judgment in accordance with this Order shall issue by separate document. DONE and ORDERED this the 12th day of December 2013. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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