Pearson v. Culliver et al (INMATE2)

Filing 5

ORDER adopting 4 Report and Recommendations; that the 28 U.S.C. 2254 petition for habeas corpus relief filed by petitioner on June 18, 2010 is DENIED; that this cause of action is DISMISSED in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A) as petitioner 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. Signed by Honorable Ira De Ment on 8/5/2010. (cc, )

P e a r s o n v. Culliver et al (INMATE2)

Doc. 5

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 C LIN T O N JAMES PEARSON, JR., #155536, P e t i t io n e r , v. G R AN T CULLIVER, et al., R esp o n d en ts. ) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:10cv526-ID

O R D E R AND OPINION O n July 15, 2010, the Magistrate Judge filed a Recommendation in this case to which n o timely objections have been filed. (Doc. No. 4). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that: 1. T h e 28 U.S.C. 2254 petition for habeas corpus relief filed by petitioner on June

1 8 , 2010 is DENIED. 2. T h is cause of action is DISMISSED in accordance with the provisions of 28

U .S.C . § 2244(b)(3)(A) as petitioner has failed to obtain the requisite order from the E leve n th Circuit Court of Appeals authorizing a federal district court to consider his su cc essive habeas application. Done this the 5 th day of August, 2010.

/s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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