Frye v. Cooks
ORDER, ADOPTING 9 REPORT AND RECOMMENDATION as the opinion of this Court. It is ORDERED that Petitioner's petition for habeas corpus relief is DENIED, that this action is DISMISSED with prejudice, and that Petitioner is not entitled to a certificate of appealability or to appeal in forma pauperis. Petitioner's 7 MOTION for Report and Recommendation is DENIED as moot. Signed by Judge Callie V. S. Granade on 5/19/2015. (copy to petitioner) (mab)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SCOTT A. FRYE, AIS # 00278148,
JEFFERSON S. DUNN,
Department of Corrections,
CIVIL ACTION NO. 14-00192-CG-N
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 Report and Recommendation of the Magistrate Judge made under 28 U.S.C. §
636(b)(1)(B)-(C) and Rule 8(b) of the Rules Governing Section 2254 Cases in the
United States District Courts, and dated May 4, 2015, is ADOPTED as the opinion
of this Court.
Accordingly, it is ORDERED that the Petitioner’s petition for habeas corpus
relief under 28 U.S.C. § 2254 (Doc. 1) is DENIED, that this action is DISMISSED
with prejudice, and that Petitioner is not entitled to a certificate of appealability
or to appeal in forma pauperis.1
DONE and ORDERED this 19th day of May, 2015.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE
The Petitioner’s Motion for Report and Recommendation docketed October 7, 2014 (Doc. 7) is
DENIED as moot.
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