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, )

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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

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