Bethel v. Patterson et al

Filing 6

ORDERED that: (1) The 5 Objection to the Recommendation of the Magistrate Judge is OVERRULED; (2) The 4 Recommendation of the Magistrate Judge is ADOPTED; (3) The instant petition for habeas corpus relief is DENIED; and (4) This cause of action b e and the same is hereby DISMISSED in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A), as Bethel 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 1/6/2010. (Attachments: # 1 Civil Appeals Checklist)(cb, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF S O U T H E R N DIVISION G A R R O N VAN BETHEL, a .k .a ., GAARON VAN BETHEL, A IS # 181092, P e titio n e r, v. T O N Y PATTERSON, et al., R e sp o n d e n ts . ) ) ) ) ) ) ) ) ) ) C A S E NO. 1:09-CV-1056-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. # 5) to the Recommendation of the Magistrate J u d g e , filed on December 11, 2009, be and the same is hereby OVERRULED; 2 . The Recommendation of the Magistrate Judge (Doc. #4) filed on November 30, 2 0 0 9 , be and the same is hereby ADOPTED; 3 . The instant petition for habeas corpus relief filed by Garron Van Bethel be and the s a m e is hereby 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 Bethel has failed to obtain the requisite order fro m the Eleventh Circuit Court of Appeals authorizing a federal district court to consider h is successive habeas application. D O N E this 6th day of January, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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