Calhoun v. Forniss, et al (INMATE 3)

Filing 8

ORDER, JUDGMENT and DECREE of the court that: (1) the petitioner's 7 objection is overruled; (2) ADOPTING 6 REPORT AND RECOMMENDATION of the Mag Judge; (3) The 28 U.S.C. 2254 petition for habeas corpus relief filed by Calhoun is DENIED and this cause of action is DISMISSED in accordance with the provisions of 28 U.S.C. 2244(b)(3)(A), because Calhoun 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 Truman M. Hobbs on 10/19/11. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DAVID CALHOUN, 3158430,
Petitioner,
v.
LEON FORNISS, et al.,
Respondents.

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CASE NO. 2:11-cv-0725-TMH
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The petitioner's objection (Doc. #7 ) to the Recommendation of the Magistrate
Judge filed on October 12, 2011 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #6) filed on September 26,
2011 is adopted;
3. The 28 U.S.C. § 2254 petition for habeas corpus relief filed by Calhoun is
DENIED and this cause of action is DISMISSED in accordance with the provisions of 28
U.S.C. § 2244(b)(3)(A), because Calhoun 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.
DONE this the 19th day of October, 2011.
/s/ Truman M. Hobbs
SENIOR UNITED STATES DISTRICT JUDGE