Kennedy v. Mobile, Alabama District Attorney's Office et al

Filing 10

ORDER ADOPTING the 8 REPORT AND RECOMMENDATIONS. It is ordered that this action be dismissed as a successive petition under 28 U.S.C. § 2244(b)(3)(A) andthat Kennedy is not entitled to a certificate of appealability, and consequently, is not entitled to appeal in forma pauperis. Signed by Chief Judge William H. Steele on 5/22/2014. Copy mailed to Petitioner. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
RICHARD DARON KENNEDY,
(AIS: #196984)
Petitioner,
vs.
MOBILE, ALABAMA DISTRICT
ATTORNEY’S OFFICE, et al.,
Respondent.

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CIVIL ACTION NO. 14-0195-WS-B

ORDER
After due and proper consideration of all portions of this file deemed relevant to the
issues raised, and a de novo determination of those portions of the Report and Recommendation
to which objection is made, the Report and 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 action be DISMISSED as a successive petition under 28 U.S.C. § 2244(b)(3)(A) and
that Kennedy is not entitled to a certificate of appealability, and consequently, is not entitled to
appeal in forma pauperis.
DONE this 22nd day of May, 2014.

s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE