Lightsey v. State of Alabama

Filing 11

ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Emma Lightsey. The petition is denied and this action is dismissed. Should petitioner file a COA, it is denied as she is not entitled to appeal IFP.. 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
EMMA LIGHTSEY,
Petitioner,

:
:

v.

:

FRANK ALBRIGHT,

:

Respondent.

CIVIL ACTION 12-0042-KD-M

:
ORDER

After due and proper consideration of all pleadings in this
file, and there having been no objections filed, 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 as this
Court does not have jurisdiction over it and that this action be
DISMISSED.

It is further ORDERED that, should Petitioner file a

certificate of appealability, it be denied as she 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