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)

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-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 Dockets.Justia.com

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