Packer v. Forniss
ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS re 4 Petition for Writ of Habeas Corpus filed by Olney Packer. This habeas petition is dismissed as time-barred and judgment be entered in favor of Respondent Leon Forniss and against Petitioner Olney Packer pursuant to 28 U.S.C. § 2244(d) and any certificate of appealability filed by Petitioner will be denied as he is not entitled to appeal in forma pauperis. Signed by Judge Kristi K. DuBose on 3/12/2015. (copy to Packer) (cmj)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
CIVIL ACTION 14-0402-KD-M
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 (docs. 12, 13), 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 ORDERED that this habeas petition be DISMISSED as
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 12th day of March 2015.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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