Perry v. Department of Corrections

Filing 14

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS re 3 Petition for Writ of Habeas Corpus filed by Carl A. Perry, Jr. The petition is dismissed with prejudice as successive and judgment be entered in favor of the Respondent, Gary Hetzel and against he Petitioner, Cal Perry and if any motion for certificate of appealability or for permission to appeal IFP it is denied. Signed by Judge Kristi K. DuBose on 5/30/2014. (copy mailed) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CARL A. PERRY, JR., (AIS # 105161), Petitioner, v. GARY HETZEL, Respondent. * * * * * * * * * * CIVIL ACTION NO. 14-00044-KD-B ORDER After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Perry’s petition be DISMISSED with prejudice and that Perry is not entitled to a certificate of appealability, and consequently, is not entitled to appeal in forma pauperis. DONE this 30th day of May 2014. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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