Walker v. Myers et al (INMATE 3)

Filing 8

ORDER directing as follows: (1) petitioner's 7 Objection to Report and Recommendation is OVERRULED; (2) ADOPTING 6 REPORT AND RECOMMENDATION of the Magistrate Judge; (3) the 1 petition for writ of habeas corpus is DENIED; and (4) this case is DISMISSED. Signed by Chief Judge William Keith Watkins on 4/25/16. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION NEIL WALKER, # 095197, ) ) ) ) ) ) ) ) ) Petitioner, v. WALTER MYERS, et al., Respondents. CASE NO. 1:16-CV-202-WKW ORDER On March 30, 2016, the Magistrate Judge filed a Recommendation in this case. (Doc. # 6.) Petitioner filed an Objection on April 14, 2016. (Doc. # 7.) The court has made a de novo determination of those portions of the Recommendation to which Petitioner objects and has independently reviewed the file. As set forth in the Recommendation, this action is barred because Petitioner failed to obtain the Eleventh Circuit’s leave to file a successive § 2254 habeas petition. See 28 U.S.C. § 2244(b)(3)(A). Upon careful consideration, it is ORDERED as follows: 1. Petitioner’s Objection (Doc. # 7) is OVERRULED; 2. The Recommendation (Doc. # 6) is ADOPTED; 3. The Petition for Writ of Habeas Corpus (Doc. # 1) is DENIED; and 4. This case is DISMISSED. A separate final judgment will be entered. DONE this 25th day of April, 2016. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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