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)

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. §
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