Carter v. Calloway et al

Filing 43

ORDER ADOPTING 39 REPORT AND RECOMMENDATIONS - Petitioner Carter's § 2254 claims are denied, and his petition is DISMISSED with prejudice. Petitioner is not entitled to a certificate of appealability and is not entitled to proceed in forma pauperis on appeal. Copy to Petitioner. Signed by District Judge Kristi K. DuBose on 11/25/2024. (meh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION BRANDON ELLIOT CARTER, AIS # 261259, Petitioner, vs. PHYLLIS MORGAN, Respondent. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO.23-00034-KD-B 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. 42) is made, the Report and Recommendation (doc. 39) of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. Accordingly, Petitioner Carter’s § 2254 claims are denied, and his petition is DISMISSED with prejudice. Petitioner is not entitled to a certificate of appealability and is not entitled to proceed in forma pauperis on appeal. DONE and ORDERED this the 25th day of November 2024. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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