From Casetext: Smarter Legal Research

Evans v. Davenport

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
May 23, 2012
CIVIL ACTION NO. 11-00544-KD-B (S.D. Ala. May. 23, 2012)

Opinion

CIVIL ACTION NO. 11-00544-KD-B

05-23-2012

LESLIE EVANS, Petitioner, v. CARTER F. DAVENPORT, et al., Respondents.


REPORT AND RECOMMENDATION

This action, which has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(3) , is before the Court on Petitioner Leslie Evans' Motion for Issuance of a Certificate of Appealability. (Doc. 19). On February 14, 2012, the undersigned Magistrate Judge issued a Report and Recommendation, which recommended that Evans' petition seeking habeas relief under 28 U.S.C. § 2254 be denied as successive, and Evans should not be granted a certificate of appealability as no reasonable jurist could find it debatable whether his habeas petition should be dismissed as successive. (Doc. 12). District Judge DuBose adopted the Report and

Since this recommendation is made after a referral pursuant to 28 U.S.C. § 636(b)(3), the plaintiff does not have an opportunity to file objections. Minetti v. Port of Seattle, 152 F. 3d 1113, 1114 (9th Cir. 1998)("Section 636(b)(3) does not provide a party with ten days to file written objections with the district court."); United States v. Gibbs, 2008 U.S. Dist. LEXIS 105254 (S.D. Ala. Dec. 23, 2008). The Clerk is therefore directed to refer this matter to the District Judge for her consideration without the necessity of a waiting period.

Recommendation as the opinion of the court, and entered a final judgment on March 22, 2012. (Docs. 16, 17). In light of the foregoing, Evans' Motion for Certificate of Appealability is due to be denied.

SONJA F. BIVINS

UNITED STATES MAGISTRATE JUDGE


Summaries of

Evans v. Davenport

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
May 23, 2012
CIVIL ACTION NO. 11-00544-KD-B (S.D. Ala. May. 23, 2012)
Case details for

Evans v. Davenport

Case Details

Full title:LESLIE EVANS, Petitioner, v. CARTER F. DAVENPORT, et al., Respondents.

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

Date published: May 23, 2012

Citations

CIVIL ACTION NO. 11-00544-KD-B (S.D. Ala. May. 23, 2012)