Pugh v. Ellington

Filing 25

ORDER ADOPTING the 22 REPORT AND RECOMMENDATIONS, as set out. Signed by District Judge William H. Steele on 7/13/2017. Copy mailed to Petitioner. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BRANDON MARQUIS PUGH,
AIS# 00254312,
Petitioner,
v.
JOSEPH HEADLEY,
Respondent.

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CIVIL ACTION NO. 16-00402-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. 22) 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 June 28, 2017, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that the Petitioner’s Petition for a Writ of Habeas Corpus
under 28 U.S.C. § 2254 (Doc. 1) is DISMISSED without prejudice for lack of subject matter
jurisdiction as to its challenge to the Petitioner’s 2007 conviction, and is DISMISSED with
prejudice as to its challenge to the Petitioner’s 2012 probation revocation.

It is further

ORDERED that the Petitioner is not entitled to a Certificate of Appealability pursuant to this
final adverse order. The Court also certifies that any appeal by the Petitioner of the dismissal of
the present habeas petition would be without merit and therefore not taken in good faith. Thus,
the Petitioner is not entitled to proceed in forma pauperis on appeal.
DONE and ORDERED this the 13th day of July, 2017.
s/WILLIAM H. STEELE
UNITED STATES DISTRICT JUDGE