Berry v. Price

Filing 6

ORDER ADOPTING the 4 REPORT AND RECOMMENDATIONS. It is ORDERED that the Motion to Stay (Doc. 3) be DENIED and that the habeas petition (Doc. 1) be DENIED and DISMISSED WITHOUT PREJUDICE. It is further ORDERED that any certificate of appealability filed by Petitioner be DENIED as he is notentitled to appeal in forma pauperis. Signed by Chief Judge William H. Steele on 12/10/2015. Copy mailed to Petitioner. (tgw)

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

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MICHAEL K. BERRY,
Petitioner.
vs.
CHERYL PRICE,

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Respondent.

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CIVIL ACTION 15-0585-WS-M

ORDER

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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 Recommendation of
the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is
adopted as the opinion of this Court.

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It is ORDERED that the Motion to Stay (Doc. 3) be DENIED
and that the habeas petition (Doc. 1) be DENIED and DISMISSED
WITHOUT PREJUDICE.

It is further ORDERED that any certificate

of appealability filed by Petitioner be DENIED as he is not
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entitled to appeal in forma pauperis.
DONE this 10th

day of December, 2015.

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s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE