Wise v. Price et al

Filing 19

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS re 9 Case Transferred In - District Transfer, filed by Jerry C. Wise. The petition is denied and this action is dismissed. It is further order that should Petitioner file a certificate of appealability, it be denied as he is not entitled to appeal in forma pauperis. Signed by Judge Kristi K. DuBose on 5/10/2012. (copy mailed) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

JERRY C. WISE,
Petitioner.
vs.
CHERYL PRICE,
Respondent.

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CIVIL ACTION 11-0728-KD-M

ORDER
After due and proper consideration of all pleadings in this
file, and a de novo determination of those portions of the
Recommendation to which objection is made, the Recommendation of
the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is
adopted as the opinion of this Court.
It is ORDERED that this habeas petition be DENIED and this
action DISMISSED.

It is further ORDERED that, should Petitioner

file a certificate of appealability, it be DENIED as he is not
entitled to appeal in forma pauperis.
DONE this 10th day of May, 2012.

s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE