Hanif v. Stewart

Filing 48

ORDER ADOPTING 46 REPORT AND RECOMMENDATIONS: It is recommended that the petition be denied & that judgment be entered in favor of the Respondent. Petitioner is not entitled to either a certificate of appealability or to appeal in forma pauperis. Signed by District Judge William H. Steele on 3/30/18. Copy mailed to petitioner at 1962 Buster Collins Rd., Kenton, TN 38233. (mbp)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
REHAN HANIF
Petitioner,

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) CIVIL ACTION NO. 15-00145-WS-N
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v.
CYNTHIA STEWART,
Respondent.

ORDER
After due and proper consideration of the issues raised, and there having been
no objections filed the Report and Recommendations of the Magistrate Judge made
under 28 U.S.C. § 636(b)(1)(B)-(C), Rule 8(b) of the Rules Governing § 2254 Cases in
the United States District Courts, and S.D. Ala. GenLR 72(a)(2)(R), and dated March
1, 2018, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Petitioner Rehan Hanif’s Petition for a Writ
of Habeas Corpus under 28 U.S.C. § 2254 (Doc. 21) is DISMISSED with prejudice
and that Hanif is not entitled to a Certificate of Appealability pursuant to this final
adverse order. Finally, the Court certifies that any appeal by Hanif of this dismissal
would be without merit and therefore not taken in good faith. Thus, Hanif is not
entitled to proceed in forma pauperis on appeal.
Final judgment shall issue separately in accordance with this order and
Federal Rule of Civil Procedure 58.
DONE and ORDERED this the 30th day of March, 2018.
s/WILLIAM H. STEELE
WILLIAM H. STEELE
UNITED STATES DISTRICT JUDGE