Walker v. Jones et al (INMATE 3)

Filing 25

ORDERED as follows: (1) The Recommendation (Doc. # 23 ) is ADOPTED. (2) Petitioner's objections (Doc. # 24 ) are OVERRULED. (3) This action is DISMISSED for lack of jurisdiction because Petitioner failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider his successive 2254 petition. A separate final judgment will be entered. Signed by Chief Judge William Keith Watkins on 4/13/2017. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
NEIL WALKER, # 095197,

)
)
Petitioner,
)
)
v.
) CASE NO. 1:14-CV-1218-WKW
) (WO)
KARLA
JONES,
Warden, )
1
STEVE MARSHALL, The Attorney )
General of the State of Alabama, and )
STATE OF ALABAMA,
)
)
Respondents.
)
ORDER
On December 21, 2016, the Magistrate Judge filed a Recommendation. (Doc.
# 23.) On January 9, 2017, Petitioner Neil Walker filed objections. (Doc. # 24.)
The court has conducted an independent and de novo review of those portions of the
Recommendation to which objection is made. See 28 U.S.C. § 636(b).
Petitioner’s objections do not offer any substantive legal or factual argument
concerning the critical finding of the Magistrate Judge: that the court lacks
jurisdiction over the petition because it is a successive petition filed without the
required certificate from the Eleventh Circuit Court of Appeals. The record supports

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Steve Marshall succeeded Luther Strange as Attorney General. Therefore, Steve Marshall
is automatically substituted for Luther Strange as a Defendant by operation of Rule 25(d) of the
Federal Rules of Civil Procedure.

the Magistrate Judge’s findings and conclusions of law.
Accordingly, it is ORDERED as follows:
(1)

The Recommendation (Doc. # 23) is ADOPTED.

(2)

Petitioner’s objections (Doc. # 24) are OVERRULED.

(3)

This action is DISMISSED for lack of jurisdiction because Petitioner

failed to obtain the requisite order from the Eleventh Circuit Court of Appeals
authorizing this court to consider his successive § 2254 petition.
A separate final judgment will be entered.
DONE this 13th day of April, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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