Anderson v. Thomas

Filing 4

ORDER ADOPTING 3 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Michael Dewayne Anderson. The petition is dismissed without prejudice due to petitioner's failure to comply with 28 U.S.C. § 2244(b)(3)(A). Petitioner is not entitled to a certificate of appealability and is not entitled to appeal IFP. Signed by Judge Kristi K. DuBose on 3/10/2014. (copy mailed) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICHAEL DEWAYNE ANDERSON,
AIS 156270,

:
:

Petitioner,

:

vs.

CA 14-0046-KD-C
:

WILLIE THOMAS,

:

Respondent.

ORDER
After due and proper consideration of all issues raised, and there having been no
objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. §
636(b)(l)(B) and dated February 7, 2014 is ADOPTED as the opinion of this Court.
It is ORDERED that this habeas petition be DISMISSED without prejudice due to
Petitioner’s failure to comply with 28 U.S.C. § 2244(b)(3)(A). It is further ORDERED
that Petitioner is not entitled to a certificate of appealability and, therefore, he is not
entitled to appeal in forma pauperis.
DONE this 10th day of March 2014.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE