Cooley v. Lamar

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JASON COOLEY, # 332619, )
)
Petitioner, )
)
vs. ) CIV. ACT. NO. 1:24-cv-215-TFM-B
)
DAVID LAMAR, )
)
Respondent. )
MEMORANDUM OPINION AND ORDER
On October 18, 2024, the Magistrate Judge entered a Report and Recommendation which
recommends this petition brought under 28 U.S.C. § 2254 be denied and dismissed with prejudice
and a certificate of appealability and the ability to appeal in forma pauperis be denied. See Doc.
12. The Court received Petitioner’s objections on November 12, 2024 which the Court has
reviewed. While it is clear that Petitioner objects to the Magistrate Judge’s recommendation and
he discusses his status as a veteran, he provides little in the way of addressing the substance of the
Report and Recommendation – that is, his petition is time barred.
Therefore, after due and proper consideration of all portions of this file deemed relevant to
the issues raised, and a de novo determination of those portions of the Recommendation to which
objection is made, the Report and Recommendation of the Magistrate Judge is ADOPTED as the
opinion of this Court. Accordingly, it is ORDERED that Jason Cooley’s petition for a writ of
habeas corpus brought pursuant to 28 U.S.C. § 2254 is DENIED and DISMISSED with prejudice
as time barred. Finally, the Court determines that Petitioner is not entitled to a Certificate of
Appealability and certifies that the appeal would not be taken in good faith and therefore Petitioner
not entitled to appeal in forma pauperis.
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The Court will enter a separate judgment pursuant to Fed. R. Civ. P. 58.
DONE and ORDERED this 15th day of May, 2025.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
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