Presley v. Peters

Filing 16

ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by George Walter Presley. The petition is dismissed with prejudice as time barred and Presley is not entitled to either a Certificate of Appealability or to appeal IFP.. Signed by Chief Judge Kristi K. DuBose on 10/25/17. (copy of this order and judgment sent to petitioner, respondent and Alabama Attorney General) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION GEORGE WALTER PRESLEY, Petitioner, v. CLIFFORD WALKER, Chairman, Alabama Board of Pardons and Paroles, Respondent. ) ) ) ) CIVIL ACTION NO. 16-0598-KD-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 October 2, 2017, (doc. 15) is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Petitioner George Walter Presley’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 1) is DISMISSED with prejudice as time-barred under 28 U.S.C. § 2244(d)(1), and that Presley is not entitled to a Certificate of Appealability pursuant to this final adverse order. The Court also certifies that any appeal by Presley of this dismissal would be without merit and therefore not taken in good faith. Thus, Presley is not entitled to proceed in forma pauperis on appeal. In accordance with Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts (“In every case, the clerk must serve a copy of the petition and any order on the respondent and on the attorney general or other appropriate officer of the state involved.”), the Clerk of Court is DIRECTED to serve copies of this order and the accompanying judgment on the Respondent and the Attorney General of Alabama. DONE and ORDERED this the 25th day of October 2017. /s/ Kristi K. DuBose KRISTI K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE

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