*1 Case 1:25-cv-00033-KD-B Doc# 14 Filed 05/19/25 Page 1 of 1 PageID# 110
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JAMES ARNOLD DUKE, II, )
) Petitioner, )
) v. ) CIVIL ACTION NO. 25-00033-KD-B
) PAUL BURCH, et al., )
) Respondents. )
ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1) and S D. Ala. GenLR 72(a)(2)(R), (Doc. 13), is ADOPTED as the opinion of this Court.
It is ORDERED that Petitioner’s § 2254 habeas petition and this action is DISMISSED with prejudice as time-barred pursuant to 28 U.S.C. § 2244(d)(1). Petitioner is DENIED a certificate of appealability, and the Court CERTIFIES that any appeal by Petitioner of the dismissal of the present § 2254 habeas petition would be without merit and therefore not taken in good faith, thus denying Petitioner entitlement to appeal in forma pauperis .
DONE and ORDERED this 19th day of May 2025 .
/s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE