Hightower v. Davenport

Filing 8

ORDER ADOPTING 6 REPORT AND RECOMMENDATION re 1 5 Petition for Writ of Habeas Corpus filed by Wendell Hightower. The petition for writ of habeas corpus is summarily dismissed for failure to state a claim. Petitioner is not entitled to a certificate of appealability and is not entitled to appeal IFP. Signed by Judge Kristi K. DuBose on 10/8/2015. (copy to petitioner) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WENDELL HIGHTOWER, AIS #124216
Petitioner,
v.
CARTER DAVENPORT,
Respondent.

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CIVIL ACTION 15-00427-KD-C

ORDER
After due and proper consideration of all portions of this file deemed relevant to the
issues raised, and a de novo determination of those portions of the Report and Recommendation
to which objection is made, the Report and Recommendation of the Magistrate Judge made
under 28 U.S.C. § 636(b)(l)(B) and dated September 11, 2015, is ADOPTED as the opinion of
this Court. Accordingly, it is ORDERED that Petitioner Hightower’s petition for writ of habeas
corpus is summarily dismissed, in accordance with Rule 4 of the Rules Governing Section 2254
Cases, for failure to state a claim for federal habeas corpus relief.
Petitioner Hightower is not entitled to a certificate of appealability and, therefore, he is
not entitled to appeal in forma pauperis.
DONE and ORDERED this the 8th day of October 2015.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE