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)

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