Friendly v. Price et al (INMATE3)

Filing 14

ORDER (1) ADOPTING 13 REPORT AND RECOMMENDATIONS of the Mag Judge; (2) the 28 USC 2254 petition for habeas corpus relief filed by petitioner on 5/23/08 be DENIED; (3) this cause of action be and the same is hereby DISMISSED in accordance with the p rovisions of 28 USC 2244(b)(3)(A), as petitioner has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider his successive habeas application. Signed by Honorable Truman M. Hobbs on 6/29/09. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION M IC H A E L U. FRIENDLY, #137128, Petitioner, v. ) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09-cv-313-TMH [W O ]

C H E R Y L PRICE, et al., Respondents.

ORDER
O n June 10, 2009, the Magistrate Judge filed a Recommendation (Doc. 13) in this case to which no timely objections have been filed. Upon an independent review of the file in this c a se and upon consideration of the Recommendation of the Magistrate Judge, it is O R D E R E D that: 1. 2. T h e Recommendation (Doc. 13) of the Magistrate Judge is ADOPTED; T h e 28 U.S.C. § 2254 petition for habeas corpus relief filed by Petitioner on M a y 23, 2008, be DENIED. 3. T h is cause of action be and the same is hereby DISMISSED in accordance w ith the provisions of 28 U.S.C. § 2244(b)(3)(A), as Petitioner has failed to o b tain the requisite order from the Eleventh Circuit Court of Appeals a u th o riz in g this court to consider his successive habeas application.

Done this 29th day of June, 2009.

/s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE