Acres v. Hetzel et al (INMATE 2)

Filing 6

ORDER: It is ORDERED and ADJUDGED that the 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that the 28 U.S.C. § 2254 petition for habeas corpus relief filed by Petition on June 7, 2011, 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 Judge Mark E. Fuller on 8/17/2011. (dmn)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
GREGORY ACRES, #200681,
Petitioner,
v.
WARDEN GARY HETZEL, et al.,
Respondents.

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CIVIL ACTION NO. 2:11cv452-MEF

ORDER
On July 8, 2011, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. (Doc. # 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
and is hereby ADOPTED and that the 28 U.S.C. § 2254 petition for habeas corpus relief filed
by Petition on June 7, 2011, 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.
th

Done this the 17 day of August, 2011.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE