Malloy v. Wise et al (INMATE 1)

Filing 24

ORDERED as follows: 1) Plf's 23 Objection be and the same is hereby OVERRULED; 2) The 22 Recommendation of the Magistrate Judge be and the same is hereby ADOPTED, APPROVED and AFFIRMED; 3) This case be and the same is hereby DISMISSED in acc ordance with the provisions of 28 USC § 2244(b)(3)(A) because Malloy has failed to obtain the requisite order from the US Court of Appeals for the 11th Circuit authorizing a federal district court to consider his successive habeas application; and 4) To the extent the Plf's 21 Motion for Relief from Judgment contains a challenge to the prior rulings of this Court, the Motion is DENIED. Signed by Honorable Ira De Ment on 3/21/2011. (wcl, )

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Malloy v. Wise et al (INMATE 1) Doc. 24 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ARTHUR BRENNAN MALLOY AIS #101 329, Plaintiff, v. David Wise, et al., Defendants. ) ) ) ) ) ) ) ) ) ) 2:09-CV-467-ID (WO) ORDER Before the court are the Recommendation of the Magistrate Judge, (Doc. #22), and Plaintiffs Objection, (Doc. #23). Having conducted a de novo determination of those portions of the Recommendation to which objections are made, it is CONSIDERED and ORDERED as follows: 1. 2. Plaintiff's Objection (Doc. #23) be and the same is hereby OVERRULED; The Recommendation of the Magistrate Judge (Doc. #22) be and the same is hereby ADOPTED, APPROVED and AFFIRMED; 3. This case be and the same is hereby DISMISSED in accordance with the provisions of 28 U.S.C. 2244(b)(3)(A) because Malloy has failed to obtain the requisite order from the United States Court of Appeals for the Eleventh Circuit authorizing a federal district court to consider his successive habeas application; and 1 Dockets.Justia.com 4. To the extent the Plaintiff's Motion for Relief from Judgment (Doc. #21) contains a challenge to the prior rulings of this Court, the Motion is DENIED. DONE this the 21st day of March, 2011. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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