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)

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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. ยง 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

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