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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