Smiley et al

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS as the opinion of this Court. It is hereby ORDERED that Petitioner's motion is DISMISSED with prejudice, and that he is not entitled to a Certificate of Appealability and not entitled to proceed in forma pauperis on appeal. Signed by Chief Judge Kristi K. DuBose on 09/19/2018. (Copy mailed to Petitioner) (nah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
FREDERICK BERNARD SMILEY, #200927:
Petitioner,
:
:
v.
:
:
CARTER DAVENPORT,
:
Respondent.
:

CIVIL ACTION 1:15-00261-KD-B

ORDER
After due and proper consideration of all portions of this file deemed relevant to the issues
raised and there having been no objections filed, the Report and Recommendation of the Magistrate
Judge dated August 28, 2018 is ADOPTED as the opinion of this Court. It is hereby ORDERED
that Petitioner's motion is DISMISSED with prejudice, and that he is not entitled to a Certificate of
Appealability and not entitled to proceed in forma pauperis on appeal.
DONE and ORDERED this the 19th day of September 2018.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE