Walker v. State of Alabama (INMATE3)

Filing 7

ORDER that plaintiff's 6 objection is overruled; that 4 Report and Recommendations is adopted; that the 28 U.S.C. § 2254 petition for habeas corpus relief filed by Walker on February 14, 2010 is DENIED; that this cause of action is DISM ISSED in accordance with the provisions of 28 U.S.C. § 2244 (b)(3)(A), as Walker 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 Truman M. Hobbs on 3/12/2010. (cc, )

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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 N E IL WALKER, #095197 P e t i t io n e r , v. S T A T E OF ALABAMA, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) C A S E NO. 1:10-cv-124-TMH WO ORDER A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #6) to the Recommendation of the Magistrate Judge f ile d on February 26, 2010 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #4) filed on February 22, 2 0 1 0 is adopted; 3 . The 28 U.S.C. 2254 petition for habeas corpus relief filed by Walker on February 1 4 , 2010 is DENIED. 4 . This cause of action is DISMISSED in accordance with the provisions of 28 U.S.C. 2244 (b)(3)(A), as Walker has failed to obtain the requisite order from the Eleventh Circuit C o u rt of Appeals authorizing a federal district court to consider his successive habeas a p p li c a ti o n . D O N E this the 12th day of March, 2010. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE 2

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