Sturdivant v. Gordy

Filing 22

ORDER ADOPTING 19 REPORT AND RECOMMENDATION. This action is 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. Signed by Judge Callie V. S. Granade on 7/14/2014. (copy mailed to Pet on 7/15/14) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
TOMMY STURDIVANT,
Petitioner,
vs.
CHRISTOPHER GORDY,
Respondent.

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CIVIL ACTION 14-00034-CG-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 and ORDERED this 14th day of July, 2014.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE