Robinson v. Cooks et al (INMATE 2)

Filing 36

ORDERING and ADJUDGING that: (1) the 35 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; (2) the petition for habeas relief is DENIED and DISMISSED with prejudice as the issue in this petition was previously decided adversely to petiti oner by this court in Robinson v. Womble, et al., Civil Action No. 1:14-CV-112-MHT (M.D. Ala. 2014); (3) To the extent Petitioner challenges his convictions and sentences entered against him by the Circuit Court for Houston County in May of 1999, t he petition is DISMISSED without prejudice under 28 U.S.C. 2244(b)(3)(A) as Petitioner has 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 Judge W. Harold Albritton, III on 6/16/16. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES L. ROBINSON, #121 865,
Petitioner,
v.

MARY COOKS, WARDEN, et al.,
Respondents.

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CIVIL ACTION NO. 1:13-CV-691-WHA
[WO]

ORDER
On May 18, 2016, the Magistrate Judge filed a Recommendation in this case that the
court deny and dismiss the petition for habeas corpus relief filed in this action. (Doc. No. 35).
No timely objection has been filed. Upon an independent and de novo review of the file and upon
consideration of the Recommendation of the Magistrate Judge, it is ORDERED and
ADJUDGED that:
1. The Recommendation of the Magistrate Judge (Doc. No. 35) is ADOPTED;
2. The petition for habeas relief filed by Petitioner James Robinson is DENIED and
DISMISSED with prejudice as the issue in this petition was previously decided adversely to
Petitioner by this court in Robinson v. Womble, et al., Civil Action No. 1:14-CV-112-MHT
(M.D. Ala. 2014);
3. To the extent Petitioner challenges his convictions and sentences entered against him
by the Circuit Court for Houston County in May of 1999, the petition is DISMISSED without
prejudice under 28 U.S.C. § 2244(b)(3)(A) as Petitioner has failed to obtain the requisite order

from the Eleventh Circuit Court of Appeals authorizing this court to consider his successive
habeas application.
Final Judgment will be entered accordingly.
DONE this 16th day of June, 2016.

/s/
W. Harold Albritton
SENIOR UNITED STATES DISTRICT JUDGE