Beasley et al v. Thomas et al (INMATE 2)

Filing 16

ORDERED that 15 Objections are OVERRULED; (2) The 10 Recommendation of the Magistrate Judge is ADOPTED, APPROVED, and AFFIRMED; and (3) The 3 Petition for Habeas Corpus Relief is DENIED and DISMISSED as further set out. Signed by Honorable Ira De Ment on 10/18/2010. (cb, )

-SRW Beasley et al v. Thomas et al (INMATE 2)

Doc. 16

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 G E N E BEASLEY, #161 851, P e titio n e r, v. ) ) ) ) ) ) ) ) ) )

C iv il Action No. 2:10-CV-547-ID (W O )

W IL L IE THOMAS, WARDEN, et al., R e sp o n d e n ts .

ORDER
B e fo re the court are the Recommendation of the Magistrate Judge (Doc. #10) and P e titio n e r's Objections (Doc. #15). 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. P e titio n e r's Objections (Doc. #15) be and the same are hereby O VERRU LED ; 2. T h e Recommendation of the Magistrate Judge (Doc. #10) be and the same is hereby ADOPTED, APPROVED, and AFFIRMED; and 3. T h e petition for habeas corpus relief (Doc. #3) filed by Gene Beasley be a n d the same is hereby DENIED and DISMISSED in accordance with the p ro v isio n s of 28 U.S.C. § 2244(b)(3)(A), as the Petitioner failed to obtain th e requisite order from the Eleventh Circuit Court of appeals authorizing a fe d e ra l district court to consider his successive habeas application.

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DONE this the 18th day of October, 2010. /s / Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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