Cooley v. Alabama Department of Mental Health

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JESSE COOLEY, JR., 	)
)
Petitioner, 	)
)
vs. 	) 	CIV. ACT. NO. 1:22-cv-325-TFM-B
)
ALABAMA DEPARMENT OF
MENTAL HEALTH,
)
)
)
Respondent. 	)
JUDGMENT
In accordance with the Memorandum Opinion and Order entered this same date, it is
ORDERED, ADJUDGED, and DECREED that the habeas petition filed pursuant to 28 U.S.C.
§ 2254 by Petitioner Jesse Cooley, Jr. is DISMISSED without prejudice as duplicative of
Cooley’s earlier-filed habeas proceeding, Civ. Act. No. 1:22-cv-297-CG-B, which is currently
pending before this Court. Further, the Court determines that Cooley is not entitled to a Certificate
of Appealability and, therefore, is not entitled to appeal in forma pauperis.
The Clerk of Court is DIRECTED to enter this document on the civil docket as a Final
Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
DONE and ORDERED this 30th day of January, 2023.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE