Williams v. State of Alabama, No. 1:2021cv00467 - Document 12 (S.D. Ala. 2022)

Court Description: MEMORANDUM OPINION AND ORDER - Magistrate Judge entered a R&R which recommends that the petitioner's petition for habeas corpus be dismissed without prejudice for lack of jurisdiction due to his failure to comply with 28 U.S.C. §2244(b)(3)( A). The R&R of the Magistrate Judge is ADOPTED as the opinion of the Court. It is ORDERED that this action be DISMISSED without prejudice. The Court further finds that Williams is not entitled to a certificate of appealability or to appeal in forma pauperis. Signed by District Judge Terry F. Moorer on 03/24/2022. Copy to petitioner. (fz)

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Williams v. State of Alabama Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WILLIE KEVIN WILLIAMS (#173816), Petitioner, vs. STATE OF ALABAMA, Respondent. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:21-cv-467-TFM-B MEMORANDUM OPINION AND ORDER On February 1, 2022, the Magistrate Judge entered a Report and Recommendation which recommends that Petitioner Willie Kevin Williams’ petition for habeas corpus be dismissed without prejudice for lack of jurisdiction due to his failure to comply with 28 U.S.C. § 2244(b)(3)(A). See Doc. 11. No objections were filed. Therefore, 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 the Court. Accordingly it is ORDERED that this action be DISMISSED without prejudice. The Court further finds that Williams is not entitled to a certificate of appealability or to appeal in forma pauperis. Final judgment shall issue separately in accordance with this order and Fed. R. Civ. P. 58. DONE and ORDERED this 24th 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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