Malloy v. Jones et al

Filing 99

ORDER, JUDGMENT, and DECREE that: (1) The movant/defendant's 98 Objection to the Magistrate Judge Recommendation filed on 2/8/2011 is overruled; (2) The 97 Recommendation of the United Magistrate Judge entered on 2/1/2011 is ADOPTED; (3) Tha t the 96 Motion for Relief from Judgment is DENIED and this case is DISMISSED in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A), as Malloy has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider his successive habeas application. Signed by Honorable Truman M. Hobbs on 3/11/2011. (dmn)

-CSC Malloy v. Jones et al

Doc. 99

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ARTHUR BRENNAN MALLOY, Movant/Defendant, v. STATE OF ALABAMA, Respondent/Plaintiff. ) ) ) ) ) ) ) )

CASE NO. 2:86-cv-1160-TMH

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The movant/defendant's Objection to the Magistrate Judge Recommendation

(Doc. #98) filed on February 8, 2011 is overruled; (2) The Recommendation of the United States Magistrate Judge (Doc. #97) entered on February 1, 2011 is adopted; (3) That the motion for relief from judgment is DENIED and this case is

DISMISSED in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A), as Malloy has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider his successive habeas application. DONE this the 11th day of March, 2011. /s/ Truman M. Hobbs SENIOR UNITED STATES DISTRICT JUDGE

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