Calhoun v. Forniss et al (INMATE3)

Filing 11

ORDERED that : (1) The 10 Objections to the Magistrate Judge Recommendation is overruled; (2) The 9 Recommendation of the United States Magistrate Judge is adopted; (3) The 28 U.S.C. § 2254 petition for habeas corpus relief is DENIED; and (4) This cause of action is DISMISSED as further set out. Signed by Honorable Truman M. Hobbs on 6/22/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA OF NORTHERN DIVISION DAVID CALHOUN, #158430, Petitioner, v. LEON FORNISS, et al., Respondents. ) ) ) ) ) ) ) )

CASE NO. 2:09-cv-0356-TMH

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The petitioner's Objection to the Magistrate Judge Recommendation (Doc. #10) filed on May 28, 2009 is overruled; (2) The Recommendation of the United States Magistrate Judge (Doc. #9) entered on May 19, 2009 is adopted; (3) The 28 U.S.C. § 2254 petition for habeas corpus relief filed by Calhoun on April 6, 2009 is DENIED. (4) This cause of action is DISMISSED in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A), as Calhoun 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 22nd day of June, 2009. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE