Sullen v. Steward

Filing 16

ORDER ADOPTING 13 REPORT AND RECOMMENDATION as the opinion of this Court. It is ORDERED that the 1 habeas petition is DISMISSED as time-barred. The petitioner's 15 Motion to Expand the Record is DENIED. 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 8/8/2014. (copy to petitioner) (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIE ARTHUR SULLEN,
Petitioner,
vs.
CYNTHIA STEWARD,
Respondent.

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CIVIL ACTION NO. 14-0112-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 habeas petition be and is hereby DISMISSED as time-barred.
The petitioner’s Motion to Expand the Record (Doc. 15) is DENIED. Petitioner failed to attach
copies of the documents referenced. Moreover, the Report and Recommendation noted that even
if petitioner paid the filing fee on December 12, 2012, the AEDPA clock’s one-year limitation
period had already run.
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 8th day of August, 2014.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE