Bailey v. Peters

Filing 6

ORDER ADOPTING the #4 REPORT AND RECOMMENDATIONS. It is ORDERED that this action is DISMISSED for lack of jurisdiction due to Petitioner's failure to comply with 28 U.S.C. 2244(b)(3)(A). 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. Signed by Chief Judge Kristi K. DuBose on 7/6/2020. Copy mailed to Petitioner. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PAUL EUGENE BAILEY,
Petitioner,
vs.
KENNETH PETERS,
Respondent.

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: CIVIL ACTION NO. 20-00318-KD-B
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ORDER

After due and proper consideration of all portions of this
file deemed relevant to the issues raised, and a de novo
determination of those portions of the Report and Recommendation
to which objection(doc. 5) is made, the Report and
Recommendation (doc. 4) 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 this action is DISMISSED
for lack of jurisdiction due to Petitioner’s failure to comply
with 28 U.S.C. § 2244(b)(3)(A). 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 6th of July 2020.

s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE