Lo Porto v. Warden Davenport

Filing 19

ORDER ADOPTING the 17 REPORT AND RECOMMENDATIONS. It is ORDERED that the Petition is DISMISSED without prejudice for lack ofjurisdiction as to its challenge to LoPorto's bail jumping criminal judgment, and is otherwise DISMISSED with prejud ice. It is further ORDERED that LoPorto is not entitled to a Certificate of Appealability and any appeal of the dismissal would be without merit and therefore not taken in good faith. Thus, LoPorto is not entitled to proceed in forma pauperis on appeal. Signed by District Judge William H. Steele on 11/14/2017. Copy mailed to Petitioner. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
GIUSEPPE LoPORTO,
AIS #00289453,
Petitioner,
v.
WALTER MYERS, Warden,
Easterling Correctional Facility,
Respondent.

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CIVIL ACTION NO. 15-00437-WS-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 Recommendations of the
Magistrate Judge (Doc. 17) 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 October 19, 2017, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Petitioner Giuseppe LoPorto’s Petition for a Writ of
Habeas Corpus under 28 U.S.C. § 2254 (Doc. 1) is DISMISSED without prejudice for lack of
jurisdiction as to its challenge to LoPorto’s bail jumping criminal judgment, and is otherwise
DISMISSED with prejudice. It is further ORDERED that LoPorto is not entitled to a Certificate of
Appealability pursuant to this final adverse order. The Court also certifies that any appeal by
LoPorto of the dismissal of the present habeas petition would be without merit and therefore not
taken in good faith. Thus, LoPorto 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 14th day of November, 2017.
s/WILLIAM H. STEELE
UNITED STATES DISTRICT JUDGE