Anderson v. Billups

Filing 13

ORDER ADOPTING the 12 REPORT AND RECOMMENDATIONS. It is ordered that the petition for habeas corpus relief (Doc. 5) be DISMISSED with prejudice. Anderson is DENIED a Certificate of Appealability is not entitled proceed in forma pauperis on appeal. Signed by District Judge William H. Steele on 10/4/17. Copy mailed to Petitioner. (tgw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PORTER ANDERSON JR., #143295, Petitioner, ) ) ) ) ) ) Civil Action No. 17-0161-WS-N ) ) ) v. Karla Walker Jones, Respondent. ORDER After due and proper consideration of the issues raised, and there having been no objections filed, 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 Porter Anderson Jr.’s petition for habeas corpus relief under 28 U.S.C. § 2254 (Doc. 5) be DISMISSED with prejudice. It is further ORDERED that Anderson 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, Anderson is not entitled proceed in forma pauperis on appeal. DONE and ORDERED this the 4th day of October, 2017. s/WILLIAM H. STEELE UNITED STATES DISTRICT JUDGE

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