Packer v. Forniss

Filing 14

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
SOUTHERN DIVISION
OLNEY PACKER,
Petitioner,
vs.
LEON FORNISS,
Respondent.

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CIVIL ACTION 14-0402-KD-M

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 (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
time-barred.

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