Morrisette v. Butler, No. 1:2022cv00082 - Document 7 (S.D. Ala. 2022)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING the Recommendation of the Magistrate Judge. Accordingly, the petition brought pursuant to 28 U.S.C. § 2254 is DISMISSED without prejudice. The Court also finds that Petitioner is not entitled to a Certificate of Appealability and, consequently, is not entitled to appeal in forma pauperis. Signed by District Judge Terry F. Moorer on 8/2/2022. Copy to Petitioner. (fz)
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Morrisette v. Butler Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PARRISH JAMAR MORRISETTE, #317317, Petitioner, vs. REOSHA BUTLER, Respondent. ) ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:22-cv-82-TFM-B MEMORANDUM OPINION AND ORDER On. May 23, 2022, the. Magistrate Judge entered a Report and Recommendation which recommends dismissal of the habeas corpus petition brought pursuant to 28 U.S.C. § 2254 as time barred and procedurally defaulted. See Doc. 5. It further recommends denial of a Certificate of Appealability and the ability to proceed in forma pauperis. No objections were filed. After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made is ADOPTED as the opinion of this Court. Accordingly, the petition brought pursuant to 28 U.S.C. § 2254 is DISMISSED without prejudice.1 The Court also finds that Petitioner is not entitled to a Certificate of Appealability and, consequently, is not entitled to appeal in forma pauperis. DONE and ORDERED this 2nd day of August, 2022. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE 1 The Report and Recommendation does not specific with or without prejudice. Therefore, the Court will dismiss without prejudice. But, this is not a comment on the viability of any of the claims given that it appears they are time barred and procedurally defaulted. Page 1 of 1 Dockets.Justia.com