Blankinchip v. Burch

Filing 6

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS - This action is DISMISSED without prejudice for failure to prosecute. Copy to Petitioner. Signed by District Judge Kristi K. DuBose on 11/26/2024. (meh)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BRANDON LEE BLANKINCHIP,
Petitioner,
vs.
PAUL BURCH,
Respondent.

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Civil Action No. 24-00239-KD-B

ORDER
After due and proper consideration of all portions of this file deemed relevant to the
issues raised, and no objections having been filed, the Report and Recommendation of the
Magistrate Judge (Doc. 4) made under 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b), and S.D.
Ala. GenLR72(c), and dated September 25, 2024, is ADOPTED as the opinion of this Court.
Accordingly, this action is DISMISSED without prejudice for failure to prosecute.
Petitioner is not entitled to a certificate of appealability. The Court also certifies that
any appeal by Petitioner of this dismissal would be without merit and therefore not
taken in good faith. Thus, Petitioner is not entitled to proceed in forma pauperis
on appeal.
DONE and ORDERED this 26th day of November 2024.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE