Summleor v. Price et al (INMATE 3)

Filing 4

ORDERED that that 2254 petition for habeas corpus relief be denied and this case dismissed without prejudice as further set out in order. Signed by Honorable W. Harold Albritton, III on 9/11/08. (sl, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JEFFREY SUMMLEOR, #153645, Petitioner, vs. CHERYL PRICE, et al., Respondents. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:08cv721-WHA (WO)

ORDER This case is before the court on the Recommendation of the Magistrate Judge (Doc. #2), filed on September 5, 2008, and the letter response of the Petitioner (Doc. #3), received on September 10, 2008. In view of the Petitioner's response, it is hereby 1. ORDERED that this 22 U.S.C. § 2254 petition for habeas corpus relief is DENIED. 2. This case is DISMISSED without prejudice for failure of the Petitioner to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider his successive habeas petition. DONE this 11th day of September, 2008.

/s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE