Frye v. Cooks

Filing 11

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SCOTT A. FRYE, AIS # 00278148, Petitioner, vs. JEFFERSON S. DUNN, Commissioner, Alabama Department of Corrections, Respondent. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 14-00192-CG-N 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 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 1 The Petitioner’s Motion for Report and Recommendation docketed October 7, 2014 (Doc. 7) is DENIED as moot.

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