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, )

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

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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

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