McMillian v. Peters

Filing 16

ORDER ADOPTING the 14 REPORT AND RECOMMENDATION. It is ordered that the petition for habeas corpus be DISMISSED with prejudice. It is further ORDERED that McMillian is DENIED a Certificate of Appealability and he is not entitled proceed in forma pauperis on appeal. Signed by District Judge William H. Steele on 9/11/17. Copy mailed to Petitioner. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ALEX DEMETRIUS MCMILLIAN,
#288873,
Petitioner,
v.
KENNETH PETERS,
Respondent.

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) Civil Action No. 17-069-WS-N
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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 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 Petitioner Alex Demetrius
McMillian’s petition for habeas corpus relief under 28 U.S.C. § 2254 (Doc. 1)
be DISMISSED with prejudice. It is further ORDERED that McMillian
is DENIED a Certificate of Appealability in relation to this final adverse
order. Finally, the Court certifies that any appeal of this order would be
without merit and therefore not taken in good faith. Thus, McMillian is not
entitled proceed in forma pauperis on appeal.
DONE and ORDERED this the 11th day of September, 2017.
s/WILLIAM H. STEELE
UNITED STATES DISTRICT JUDGE