United States District Court, S.D. Alabama, Southern Division
August 8, 2014
WILLIE ARTHUR SULLEN, Petitioner,
CYNTHIA STEWARD, Respondent.
CALLIE V. S. GRANADE, District Judge.
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 and is hereby DISMISSED as time-barred. The petitioner's Motion to Expand the Record (Doc. 15) is DENIED. Petitioner failed to attach copies of the documents referenced. Moreover, the Report and Recommendation noted that even if petitioner paid the filing fee on December 12, 2012, the AEDPA clock's one-year limitation period had already run.
It is further ORDERED that any certificate of appealability filed by Petitioner be DENIED as he is not entitled to appeal in forma pauperis.
DONE and ORDERED.