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, )

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