Harris v. Kliener

Filing 21

ORDER ADOPTING 19 REPORT AND RECOMMENDATION. Pet's 1 Petition for Writ of Habeas is DISMISSED without prejudice in part for failure to exhaust state court remedies & DISMISSED with prejudice in part on the merits. Pet's 17 MOTION for Release on Own Recognizance is DENIED. Pet Harris is not entitled to a Certificate of Appealability as set out. The Court also certifies that any appeal by Harris of the dismissal of the present habeas petition would be without merit & therefore not taken in good faith. Thus, Harris is not entitled to proceed in forma pauperis on appeal. Signed by Senior Judge Callie V. S. Granade on 9/18/17. (copy mailed to Pet on 9/19/17) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JEFFERY J. HARRIS,
Petitioner,
vs.
WARDEN KLIENER,
Respondent.

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CIVIL ACTION NO. 17-0054-CG-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. 19) 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 August
16, 2017, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Petitioner Jeffery J. Harris’s Petition for a
Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. 1) is DISMISSED without
prejudice in part for failure to exhaust state court remedies and DISMISSED
with prejudice in part on the merits, and that his motion for release on his own
recognizance (Doc. 17) is DENIED. It is further ORDERED that Harris is not
entitled to a Certificate of Appealability pursuant to this final adverse order. The
Court also certifies that any appeal by Harris of the dismissal of the present habeas

petition would be without merit and therefore not taken in good faith. Thus, Harris
is not entitled to proceed in forma pauperis on appeal.
DONE and ORDERED this 18th day of September, 2017.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE

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