Harris v. Williams et al

Filing 23

ORDER ADOPTING 22 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Jeffery Harris. It is ORDERED that this action is DISMISSED because Petitioner has procedurally defaulted any cognizable constitutional claim that he has asserted as set out. It is further ORDERED that the Petitioner is not entitled to a certificate of appealability and is not entitled to appeal in forma pauperis. Signed by District Judge Kristi K. DuBose on 01/10/2022. (srd) Copy to Petitioner.

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JEFFERY HARRIS,
Petitioner,
v.
WARDEN WILLIAMS, et al.,
Respondents.

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CIVIL ACTION 1:19-00297-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 December 9, 2021, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that this action is DISMISSED because the Petitioner has
procedurally defaulted any cognizable constitutional claim that he has asserted pursuant to O’Sullivan v.
Boerckel. It is further ORDERED that the Petitioner is not entitled to a certificate of appealability and,
therefore, he is not entitled to appeal in forma pauperis.
DONE and ORDERED this the 10th day of January 2022.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE