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. ) ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the report and recommendation of the Magistrate Judge made under

(b)(1)(B) and dated November 12, 2020 is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Petitioner Donald D. Lee’s petition for writ of habeas corpus, filed pursuant to

, 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,

(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