McLeod v. Culliver (INMATE 3)

Filing 23

ORDER overruling the petitioner's Objection 21 to the Recommendation; ADOPTING the RECOMMENDATION of the Magistrate Judge 20 ; denying the instant petition for habeas corpus relief; and dismissing this cause of action as McLeod has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider his successive habeas application. Signed by Honorable Ira De Ment on 9/25/09. (br, )

Download PDF
IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF S O U T H E R N DIVISION J A C K IE McLEOD, # 116274-A, P e titio n e r, v. G R A N T T CULLIVER, et al., R e sp o n d e n ts . ) ) ) ) ) ) ) ) C A S E NO. 1:09-CV-634-ID (W O ) ORDER A fte r an independent review of the file, it is hereby CONSIDERED and ORDERED th a t: 1 . The petitioner's objection (Doc. # 21) to the Recommendation of the Magistrate J u d g e , filed on September 18, 2009, be and the same is hereby OVERRULED; 2 . The Recommendation of the Magistrate Judge (Doc. #20) filed on September 4, 2 0 0 9 , is be and the same is hereby ADOPTED; 3 . The instant petition for habeas corpus relief filed by McLeod be and the same is h e re b y DENIED; 4 . This cause of action be and the same is hereby DISMISSED in accordance with th e provisions of 28 U.S.C. 2244(b)(3)(A), as McLeod has failed to obtain the requisite o rd e r from the Eleventh Circuit Court of Appeals authorizing a federal district court to c o n s id e r his successive habeas application. D O N E this 25th day of September, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?