Landry v. Estes

Filing 14

ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Barry Landry. Landry's petition is dismissed with prejudice as time-barred. He is not entitled to a Certificate of Appealability, and he is not entitled to proceed in forma pauperis on appeal. Signed by Judge Kristi K. DuBose on 11/6/2014. (copy to petitioner) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BARRY LANDRY,
(AIS # 259462),
Petitioner,
vs.
DEWAYNE ESTES,
Respondent.

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CIVIL ACTION NO. 13-00645-KD-B

ORDER
After due and proper consideration of all portions of this file deemed relevant to the
issues raised, and a de novo determination of those portions of the Report and Recommendation
to which objection is made, the Report and Recommendation of the Magistrate Judge dated
September 26, 2014 and made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of
this Court. Accordingly, it is ORDERED that Landry’s habeas petition is DISMISSED with
prejudice as time-barred and he is not entitled to a Certificate of Appealability, and
consequently, is not entitled to appeal in forma pauperis.
DONE and ORDERED this the 6th day of November 2014.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE