Belser v. State of Alabama et al (INMATE1)

Filing 6

OPINION and ORDER: it is ORDERED and ADJUDGED that the 5 Recommendation of the Magistrate Judge be and is hereby ADOPTED, that the petition for habeas corpus relief be and is hereby DENIED, and that this case be and is hereby DISMISSED, as further set out in order. Signed by Honorable Judge Truman M. Hobbs on 12/8/2011. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JAMES BELSER, #103974,

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Petitioner,
v.
STATE OF ALABAMA, et al.,
Respondents.

CIVIL ACTION NO. 2:11cv934-TMH
(WO)

OPINION and ORDER
On November 3, 2011, the Magistrate Judge filed a Recommendation in this case
recommending that the petition of habeas corpus relief filed pursuant to 28 U.S.C. § 2254
be dismissed as the Petitioner failed to obtain the requisite order from the Eleventh Circuit
Court of Appeals authorizing a federal district court to consider his successive habeas
application. (Doc. # 5). 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, that the petition for habeas corpus relief be and is hereby
DENIED, and that this case be and is hereby DISMISSED in accordance with the provisions
of 28 U.S.C. § 2244(b)(3)(A) as the Petitioner has failed to obtain the requisite order from
the Eleventh Circuit Court of Appeals authorizing this court to consider his successive
habeas application.
Done this 8th day of December 2011.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE