Lewis v. Strange et al

Filing 8

ORDER ADOPTING 7 REPORT AND RECOMMENDATIONS re 3 Petition for Writ of Habeas Corpus filed by Montrezs Lewis is dismissed for lack of jurisdiction and Petitioner is not entitled to a Certificate of Appealability or to appeal IFP. Signed by Chief Judge Kristi K. DuBose on 11/9/17. (copy to petitioner) (cmj)

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  IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MONTREZS LEWIS #07741-003, Petitioner, v.     CHARLES RATLEDGE, Respondent. : : : : : : : CIVIL ACTION 17-00317-KD-N ORDER After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendations of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B)-(C), Rule 8(b) of the Rules Governing § 2254 Cases in the United States District Courts, and S.D. Ala. GenLR 72(a)(2)(R), and dated October 19, 2017, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Petitioner’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254 (Docs. 1, 3) is DISMISSED for lack of jurisdiction and that Petitioner is not entitled either to a Certificate of Appealability or to appeal in forma pauperis. DONE and ORDERED this the 9th day of November 2017.   /s/ Kristi K. DuBose KRISTI K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE

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