McCray v. Jones et al (INMATE 3)

Filing 9

ORDER directing that, upon an independent review of the record, it is ORDERED as follows: (1) The Recommendation (Doc. # 7 ) is ADOPTED; (2) The petition for writ of habeas corpus is DENIED; (3) This cause of action is DISMISSED without prejudice un der 28 U.S.C. § 2244(b)(3)(A) as Mr. McCray 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 Chief Judge William Keith Watkins on February 12, 2015. (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIE C. MCCRAY, # 183 709,
Petitioner,
v.
KENNETH JONES, et al.,
Respondents.

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CASE NO. 1:15-CV-024-WKW
[WO]

ORDER
On January 22, 2015, the Magistrate Judge filed a Recommendation in this
case. (Doc. # 7.) On February 9, 2015, Petitioner Willie C. McCray filed a
response to the recommendation (Doc. # 8), in which he “concedes that this
Hon[orable] Court is correct in its Recommendation” and requests that his petition
for writ of habeas corpus be denied without prejudice. Upon an independent
review of the record, it is ORDERED as follows:
1.

The Recommendation (Doc. # 7) is ADOPTED.

2.

The petition for writ of habeas corpus is DENIED.

3.

This cause of action is DISMISSED without prejudice under 28

U.S.C. § 2244(b)(3)(A) as Mr. McCray has failed to obtain the requisite order from
the Eleventh Circuit Court of Appeals authorizing this court to consider his
successive habeas application.

A final judgment will be entered separately.
DONE this 12th day of February, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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