Belser v. Mason et al (INMATE 1)

Filing 6

ORDER, JUDGMENT and DECREE of the court that: (1) The petitioner's 5 Objection to the Magistrate Judge Recommendation is overruled; (2) The 4 Recommendation of the US Magistrate Judge is adopted; (3) The 28 USC § 2254 petition for habea s corpus relief is DENIED; (4) This cause of action is DISMISSED in accordance with the provisions of 28 USC § 2244(b)(3)(A) as Belser 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 Truman M. Hobbs on 10/18/2010. (wcl, )

- T F M Belser v. Mason et al (INMATE 1)

Doc. 6

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION R IC H A R D BELSER, #154937, P e t i t io n e r , v. R E N E E MASON, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) )

C A S E NO. 2:10-cv-0750-TMH

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: (1 ) The petitioner's Objection to the Magistrate Judge Recommendation (Doc. #5) f ile d on October 6, 2010 is overruled; (2 ) The Recommendation of the United States Magistrate Judge (Doc. #4) entered on S e p te m b e r 22, 2010 is adopted; (3 ) The 28 U.S.C. § 2254 petition for habeas corpus relief filed by Richard Belser on S e p te m b e r 8, 2010 is DENIED. (4 ) This cause of action is DISMISSED in accordance with the provisions of 28 U .S .C . § 2244(b)(3)(A) as Belser has failed to obtain the requisite order from the Eleventh C irc u it Court of Appeals authorizing this court to consider his successive habeas application. D O N E this the 18th day of October, 2010. /s/ Truman M. Hobbs SENIOR UNITED STATES DISTRICT JUDGE

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