Duncan v. Jones

Filing 20

JUDGMENT: It is hereby ORDERED, ADJUDGED, and DECREED that petitioner's request for habeas corpus relief be dismissed as time-barred pursuant to 28 U.S.C. §2244(d). Alternatively, this Court is procedurally barred from reaching the merits o f the claim petitioner has raised in the instant habeas corpus petition. Duncan is not entitled to a certificate of appealability and, therefore, he is not entitled to appeal in forma pauperis. Signed by Chief Judge William H. Steele on 5/22/2014. Copy mailed to Petitioner. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
KELLY EDWARD DUNCAN,
AIS 269868,
Petitioner,

:
:
:

vs.

CA 13-0603-WS-C

KENNETH JONES,
Respondent.

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:
JUDGMENT

In accordance with the order entered on this date, it is hereby ORDERED,
ADJUDGED, and DECREED that petitioner’s request for habeas corpus relief,
pursuant to 28 U.S.C. § 2254, be dismissed as time-barred pursuant to 28 U.S.C. §
2244(d). Alternatively, this Court is procedurally barred from reaching the merits of the
claim petitioner has raised in the instant habeas corpus petition. Duncan is not entitled
to a certificate of appealability and, therefore, he is not entitled to appeal in forma
pauperis.
DONE this 22nd day of May, 2014.

s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE