Simmons v. Cummins et al (INMATE1)

Filing 7

OPINION and ORDER that the 6 Recommendation be and is hereby ADOPTED, the petition for writ of habeas corpus filed by Simmons on 10/28/2009, be and is hereby DENIED, and the petition be and is hereby DISMISSED in accordance with the provisions of 28 USC § 2244(b)(3)(A) as Simmons has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider his successive habeas application. Signed by Honorable Ira De Ment on 2/17/2010. (wcl, )

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 D A LLA S LEVON SIMMONS, #180081, P e t i t io n e r , v. JOHN CUMMINS, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:10cv28-ID (WO)

O P I N I O N and ORDER O n January 15, 2010, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 6). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge and th e petitioner's objections, it is ORDERED that the Recommendation be and is hereby ADOPTED, the petition for w rit of habeas corpus filed by Simmons on October 28, 2009, be and is hereby DENIED, and the petition be and is hereby DISMISSED in accordance with the provisions of 28 U.S.C. § 2 2 4 4 (b )(3 )(A ) as Simmons 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 application. D o n e this 17 th day of February, 2010.

/s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE