Garza v. Billups et al

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATION. Pet's operative 7 Petition for Writ of Habeas Corpus is DISMISSED with prejudice as time-barred, & Pet is not entitled either to a Certificate of Appealability or to appeal in forma pauperis. Signed by Senior Judge Callie V. S. Granade on 10/5/17. (copy mailed to Pet on 10/6/17) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BENIGNO STEVEN GARZA, III, AIS
#243466,
Petitioner,
vs.
PHYLLIS BILLUPS,
Respondent.

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Civil Action No. 15-0527-CG-N

ORDER
After due and proper consideration of the issues raised, and there having
been no objections filed, the Report and Recommendations 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 September 12, 2017, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Petitioner Benigno Steven Garza, III’s
operative Petition for Writ of Habeas Corpus by a Person in State Custody under 28
U.S.C. § 2254 (Doc. 7) is DISMISSED with prejudice as time-barred and that
Garza is not entitled either to a Certificate of Appealability or to appeal in forma
pauperis.
DONE and ORDERED this 5th day of October, 2017.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE