Hunter v. Noe, No. 1:2019cv00025 - Document 17 (S.D. Ala. 2022)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING 16 REPORT AND RECOMMENDATION. The petition for writ of habeas corpus is DISMISSED WITH PREJUDICE as set out. Petitioner is not entitled to either a Certificate of Appealability or to appeal in forma pauperis. Signed by District Judge Terry F. Moorer on 03/03/2022. (Copy mailed to Petitioner on 03/4/2022) (cjr)

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Hunter v. Noe Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHEELEY ANDREW HUNTER, Petitioner, vs. WARDEN GUY NOE, Respondent. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:19-cv-25-TFM-B MEMORANDUM OPINION AND ORDER On January 26, 2022, the Magistrate Judge entered a Report and Recommendation which recommends this petition brought pursuant to 28 U.S.C. § 2254 be denied. See Doc. 16. No objections were filed. Therefore, the Report and Recommendation is ripe for review. After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. Accordingly, the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED with prejudice. The Court also finds that Hunter is not entitled to either a Certificate of Appealability or to appeal in forma pauperis. DONE and ORDERED this 3rd day of March, 2022. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 1 of 1 Dockets.Justia.com

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