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)

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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. ) ) ) ) ) ) ) ) ) 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

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