Kennedy v. Lockett et al

Filing 9

ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS re 5 that the Court dismiss Kennedys petition for lack of jurisdiction due to Petitioner's failure to comply with 28 USC 2244(b)(3)(A). He is not entitled to a certificate of appealability, and is not entitled to proceed in forma pauperis on appeal. Signed by Judge Kristi K. DuBose on 2/14/2017. (copy to Petitioner) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
RICHARD DARON KENNEDY,
Petitioner,
vs.
JUDGE JOHN LOCKETT, et al.,
Respondents.

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: CIVIL ACTION NO. 17-0028-KD-B
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ORDER

After due and proper consideration of all portions of this
file deemed relevant to the issues raised, and a de novo
determination of those portions of the Report and Recommendation
to which objection is made, the Report and Recommendation of the
Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED
as the opinion of this Court.
Accordingly, it is ORDERED that this action is DISMISSED
for lack of jurisdiction due to Petitioner’s failure to comply
with 28 U.S.C. § 2244(b)(3)(A). It is further ORDERED that
Petitioner is not entitled to a certificate of appealability and
he is not entitled to proceed in forma pauperis on appeal.
DONE this 14th of February 2017.

s/Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE