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)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BRANDON ELLIOT CARTER,
AIS # 261259,
Petitioner,
vs.
PHYLLIS MORGAN,
Respondent.

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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