Crittenden v. Alabama Department of Corrections

Filing 3

ORDER ADOPTING 2 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Roderick Derell Crittenden. The habeas petition is dismissed for lack of subject matter jurisdiction and the Court finds that Crittenden is not entitled to a certificate of appealability and is not entitled to appeal IFP. Signed by Judge Kristi K. DuBose on 5/8/2014. (copy to Crittenden) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION RODERICK DERELL CRITTENDEN, Petitioner, v. ALABAMA DEPARTMENT OF CORRECTIONS, Respondent. ) ) ) ) ) ) ) ) CIVIL ACTION NO. 14-00147-KD-N ORDER After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendation (Doc. 2) of the Magistrate Judge made under 28 U.S.C. ยง 636(b)(1)(B) and dated April 4, 2014 is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the instant habeas petition (Doc. 1) is DISMISSED for lack of jurisdiction and that Petitioner is not entitled to a Certificate of Appealability or to proceed in forma pauperis on appeal. Final judgment in accordance with this Order and Federal Rule of Civil Procedure 58 shall issue by separate document. DONE and ORDERED this the 8th day of May 2014. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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