Lee v. Cooks ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DONALD D. LEE, ) Petitioner, ) ) vs. ) CIVIL ACTION 1:18-00187-KD-MU ) MARY COOKS (Warden), ) Respondent. ) JUDGMENT In accordance with the Order issued on this date, it is hereby ORDERED, ADJUDGED and DECREED that Petitioner Donald D. Lee’s petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241, is DISMISSED as time-barred under Section 2244(d). Alternatively, Petitioner Donald D. Lee is not entitled to any relief in this Court because he has procedurally defaulted his claims pursuant to O’Sullivan v. Boerckel, 526 U.S. 838, 842 (1999). Further, Petitioner Donald D. Lee is not entitled to a certificate of appealability and, therefore, he is not entitled to appeal in forma pauperis. DONE and ORDERED this the 12th day of January 2021. /s/ Kristi K. DuBose KRISTI K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE