Hammonds v. Myers
ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Andre Hammonds. The Petition is dismissed as time-barred. Petitioner is not entitled to a certificate of appealability and therefore not entitled to appeal IFP. Signed by Chief Judge Kristi K. DuBose on 5/17/2017. (copy to petitioner) (cmj)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
ANDRE HAMMONDS, AIS#173084,
WALTER T. MYERS,
CIVIL ACTION 16-00213-KD-M
After due and proper consideration of all portions of this file deemed relevant to the
issues raised, and there having been no objections filed, the Report and Recommendation of the
Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated April 25, 2017 is ADOPTED
as the opinion of this Court. Accordingly, it is ORDERED that Petitioner Hammonds’ Petition
for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 is DISMISSED as time-barred under
Section 2244(d). It is further ORDERED that Petitioner Hammonds is not entitled to a
certificate of appealability and, therefore, he is not entitled to appeal in forma pauperis.
DONE and ORDERED this the 17th day of May 2017.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE
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