Tolbert v. Jones

Filing 16

JUDGMENT: It is hereby ORDERED, ADJUDGED, and DECREED that petitioner's request for habeas corpus relief be dismissed as time-barred pursuant to 28 U.S.C. §2244(d). Tolbert is not entitled to a certificate of appealability and, therefore, he is not entitled to appeal in forma pauperis. Signed by Chief Judge William H. Steele on 2/13/2015. Copy mailed to Petitioner. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
HARDY DEVAN TOLBERT, JR.,
AIS 160902,

:
:

Petitioner,
vs.

:
:

CA 14-0407-WS-C

KARLA JONES,
:
JUDGMENT
In accordance with the order entered on this date, it is hereby ORDERED,
ADJUDGED, and DECREED that petitioner’s request for habeas corpus relief,
pursuant to 28 U.S.C. § 2254, be dismissed as time-barred pursuant to 28 U.S.C. §
2244(d). Alternatively, this Court is procedurally barred from reaching the merit of the
claim petitioner has raised in the instant habeas corpus petition. Tolbert is not entitled
to a certificate of appealability and, therefore, he is not entitled to appeal in forma
pauperis.
DONE this 13th day of February, 2015.

s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE