Malloy v. Wise et al (INMATE 1)

Filing 13

ORDERED as follows: (1) The 10 Recommendation of the Magistrate Judge is ADOPTED, APPROVED, and AFFIRMED; and (2) The 28 U.S. C. § 2254 petition for habeas corpus relief is DENIED and DISMISSED in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A) as further set out. Signed by Honorable Ira De Ment on 8/13/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

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 A R T H U R BRENNAN MALLOY A IS #101329, P l a i n t if f , , v. ) ) ) ) ) ) ) ) ) ) ) ORDER B efo re the court are the Recommendation of the Magistrate Judge and Plaintiff's O b j e c tio n s . (Doc. Nos. 10 and 12.) Having conducted a de novo determination of those p o rtio n s of the Recommendation to which objections are made, it is CONSIDERED and O R D E R E D as follows: 1. T h e Recommendation of the Magistrate Judge be and the same is hereby A D O P T E D , APPROVED and AFFIRMED. 3. T h e 28 U.S. C. § 2254 petition for habeas corpus relief filed by Arthur B re n n a n Malloy on May 15, 2009, be and same is hereby DENIED and D IS M IS SE D in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A), a s Malloy has failed to obtain the requisite order from the Eleventh Circuit C o u rt of Appeals authorizing this court to consider his successive habeas a p p l ic a t io n .

C ivil Action No. 2:09cv0467-ID

D AV ID WISE, et al., D e f e n d a n ts .

DONE this 13 th of August, 2009.

/s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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