Rivers v. Culliver et al (INMATE 2)

Filing 6

ORDER directing as follows: 1) Petitioner's 5 Objections be and the same are hereby OVERRULED; 2) The 4 Recommendation of the Magistrate Judge be and the same is hereby ADOPTED, APPROVED and AFFIRMED; 3) The 1 Petition for Habeas Corpus Re lief filed by Wallace Rivers be and the same is hereby DENIED and DISMISSED, as the Petitioner failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider his successive habeas application. Signed by Honorable Ira De Ment on 6/25/2009. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA SO U T H E R N DIVISION W A LLA C E RIVERS, #106459 P e t i t io n e r , v. ) ) ) ) ) ) ) ) ) ) ORDER B e f o re the court are the Recommendation of the Magistrate Judge and Petitioner's Objections. (Doc. Nos. 4 and 5.) Having conducted a de novo determination of those p o rtio n s of the Recommendation to which objections are made, it is CONSIDERED and O R D E R E D as follows: 1. 2. P e titio n e r's Objections be and the same are hereby OVERRULED. T h e Recommendation of the Magistrate Judge be and the same is hereby A D O P T E D , APPROVED and AFFIRMED. 3. T h e petition for habeas corpus relief filed by Wallace Rivers be and the sa m e is hereby DENIED and DISMISSED, as the Petitioner failed to obtain th e requisite order from the Eleventh Circuit Court of appeals authorizing th is court to consider his successive habeas application.

C ivil Action No. 1:09cv0524-ID

G R AN T CULLIVER, WARDEN, et al., R e s p o n d e n ts .

DONE this 25 th day of June, 2009.

/s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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