Green v. Price et al

Filing 34

ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS. re 27 to Deny MOTION for Certificate of Appealability filed by Michael J. Green, Objections to R&R due by 4/19/2010, 32 MOOTING 2ND MOTION for Certificate of Appealability by Michael J. Green. (SEE DOC. 27 ON 4/1/10), DENIED 27 MOTION for Certificate of Appealability by Michael J. Green signed by Judge Kristi DuBose. (Copy mailed to Appellant, e-mailed to USCA) 32 2ND MOTION for Certificate of Appealability by Michael J. Green. Referred to Judge Katherine P. Nelson. (SEE DOC. 27 ON 4/1/10) (jal) filed by Michael J. Green, 27 MOTION for Certificate of Appealability by Michael J. Green. Referred to Judge Katherine P. Nelson. (jal) filed by Michael J. Green, 28 . Signed by Judge Kristi K. DuBose on 5/25/10. (jal)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION MICHAEL J. GREEN, Petitioner, v. CHERYL PRICE, et al., Respondents. ) ) ) ) ) ) ) ORDER After due and proper consideration of all pleadings in this file, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. ' 636 and dated April 5, 2010 is ADOPTED as the opinion of this Court. The Court finds that there is no basis for issuance of a Certificate of Appealability in this case. Further, after entry of the Report and Recommendation, Plaintiff filed a Second Motion for Certificate of Appealability. (Doc. 32). This document adds nothing of consequence to his prior motion or to his Objection (Doc. 33) and, in light of this Order, is MOOT. Accordingly, it is ORDERED that Petitioner=s Motion for Certificate of Appealability (Doc. 27) is DENIED and that Petitioner's Second Motion for Certificate of Appealability (Doc. 32) is DENIED as MOOT. DONE and ORDERED this the 25th day of May 2010. /s/ Kristi K. DuBose KRISTI K. DUBOSE UNITED STATES DISTRICT JUDGE

CIVIL ACTION NO. 2:09-0105-KD-N