Davis v. Price

Filing 21

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Herlan O'Brien Davis. The petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, is denied. Any certificate of appealability filed by Petitioner is denied as he is not entitled to appeal in forma pauperis.. Signed by Judge Kristi K. DuBose on 3/26/2015. (copy to petitioner) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION HERLAN O’BRIEN DAVIS, Petitioner, vs. CHERYL PRICE, Respondent. : : : : : : : : : CIVIL ACTION 14-0296-KD-M ORDER After due and proper consideration of the issues raised, 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 DISMISSED as time-barred. It is further ORDERED that any certificate of appealability filed by Petitioner be DENIED as he is not entitled to appeal in forma pauperis. 26th March DONE this _______ day of _____________________, 2015. s/ Kristi K. DuBose ________________________________ KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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