Rider v. Milton

Filing 11

ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Joseph Ashley Rider.. Signed by Senior Judge Charles R. Butler, Jr on 9/8/2014. (adk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JOSEPH ASHLEY RIDER,
Petitioner,
vs.
CB-M
JAMES MILTON,
Respondent.

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CIVIL ACTION 14-0180-

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ORDER

After due and proper consideration of the issues
raised, and there having been no objections filed, 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 FOUND and ORDERED that Rider’s claims
arising out of his sexual misconduct conviction are
time-barred under AEDPA and are DENIED; his claims
arising out of his first CNA conviction are
procedurally defaulted and are DENIED; and that the
claims arising out of Rider’s second CNA conviction
are unexhausted in the State courts and are,
therefore, DISMISSED so that he may pursue his
available 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 this 5th day of September, 2014.

s/Charles R. Butler, Jr.
CHARLES R. BUTLER, JR.
SENIOR UNITED STATES DISTRICT JUDGE