Livingston v. Streeter

Filing 24

ORDER ADOPTING 20 SUPPLEMENTAL REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Michael Antonio Livingston. The Petition is dismissed as time barred. Petitioner is not entitled to a certificate of appealability and not entitled to appeal in forma pauperis. Signed by Chief Judge Kristi K. DuBose on 11/20/17. (copy to Livingston) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MICHAEL ANTONIO LIVINGSTON, : AIS 229189, : Petitioner, : vs. : WILLIAM STREETER, : Respondent. CA 17-0106-KD-MU ORDER After due and proper consideration of all issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Recommendation of the Magistrate Judge made under 28 U.S.C. ยง 636(b)(l)(B), and dated October 27, 2017 (doc. 20), is ADOPTED as the opinion of this Court. 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 the 20th day of November 2017. s/ Kristi K. DuBose KRISTI K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE

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