Gates v. Daniels

Filing 15

ORDER ADOPTING 12 REPORT AND RECOMMENDATION. Pet's 4 Superseding Petition for Writ of Habeas Corpus is DENIED, this action is DISMISSED w/prejudice, & Gates is not entitled to a certificate of appealability or to appeal in forma pauperis. Signed by Senior Judge Callie V. S. Granade on 3/21/2016. (copy mailed to Pet on 3/22/16) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
TODD JEFFREY GATES,
AIS #00275350,

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Petitioner,
vs.
LEE POSEY DANIELS,
Respondent.

CIVIL ACTION 15-0246-CG-N

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,
the Report and Recommendation 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 February 17, 2016, is
ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Petitioner Gates’ superseding petition for
habeas corpus relief under 28 U.S.C. § 2254 (Doc. 4) is DENIED, that this action is
DISMISSED with prejudice, and that Gates is not entitled to a certificate of
appealability or to appeal in forma pauperis.
DONE and ORDERED this 21st day of March, 2016.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE