Malone v. State of Alabama et al (INMATE1)

Filing 16

ORDER ADOPTING 15 REPORT AND RECOMMENDATION of the Mag Judge and that the petition pursuant to 28 USC 2254 is DISMISSED without prejudice, as it is a second or successive petition filed without the requisite order from the Eleventh Circuit Court of Appeals authorizing this Court to consider such a successive habeas application. Signed by Honorable Truman M. Hobbs on 9/9/08. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION D A V ID MALONE, P e t i t io n e r , v. S T A T E OF ALABAMA, et al., Respondents. ) ) ) ) ) ) ) ) ) OR DER T h e Magistrate Judge filed a Recommendation (Doc. #15) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #15) of the Magistrate Judge is A D O P T E D , and that the petition pursuant to 28 U.S.C. § 2254 is DISMISSED without p re ju d ic e , as it is a second or successive petition filed without the requisite order from the E le v e n th Circuit Court of appeals authorizing this Court to consider such a successive habeas a p p li c a ti o n . A n appropriate judgment will be entered. D o n e this 9th day of September, 2008. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE

C A S E NO. 1:08-CV-508-TMH