Green v. Price et al

Filing 65

ORDER ADOPTING 64 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Michael J. Green. The petition is denied. The Court finds there is no basis for issuance of a certificate of appealability or for permission to appeal. Signed by Judge Kristi K. DuBose on 1/11/2013. (copy mailed) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION MICHAEL J. GREEN, Petitioner, v. CHERYL PRICE, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:09-0105-KD-N ORDER After due and proper consideration of all pleadings in this file, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636 and dated December 11, 2012, is ADOPTED as the opinion of this Court. Additionally, the Court finds that there is no basis for issuance of a Certificate of Appealability or for permission to appeal in forma pauperis in this case. Accordingly, it is ORDERED that Petitioner’s Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. § 2255 is DENIED. DONE and ORDERED this 11th day of January 2013. /s/ Kristi K. DuBose KRISTI K. DUBOSE UNITED STATES DISTRICT JUDGE

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