Caples v. Myers et al

Filing 8

ORDER ADOPTING 7 REPORT AND RECOMMENDATIONS. It is Ordered that Petitioner's Petition is Dismissed as time-barred under Section 2244(d) and is not entitled to a certificate of appealability as set out. Signed by Chief Judge Kristi K. DuBose on 6/26/2017. Copy mailed to Petitioner. (srd)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JOSEPH SCOTT CAPLES, AIS#295489, Petitioner, v. WALTER T. MYERS, et al., Respondents. : : : : : : : CIVIL ACTION 17-00169-KD-MU ORDER After due and proper consideration of all portions of this file deemed relevant to 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) and dated May 25, 2017 is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Petitioner Caples’ Petition is DISMISSED as time-barred under Section 2244(d). It is further ORDERED that Petitioner Caples is not entitled to a certificate of appealability and, therefore, he is not entitled to appeal in forma pauperis. DONE and ORDERED this the 26th day of June 2017. /s/ Kristi K. DuBose KRISTI K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE

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