Lingo v. Forniss et al (INMATE 1)

Filing 5

OPINION and ORDER adopting 4 Report and Recommendation of the Mag Judge and the petition for habeas corpus relief filed pursuant to 28 USC 2254 be and is hereby DENIED; further ORDERING 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. Signed by Honorable Judge Truman M. Hobbs on 6/19/13. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

RALPH WILSON LINGO, #190083,
Petitioner,
v.
LEON FORNISS, et al.,
Respondents.

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CIVIL ACTION NO. 2:13cv246-TMH
(WO)

OPINION and ORDER
On May 7, 2013, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. Upon an independent review of the file in this case and
upon consideration of the Recommendation of the Magistrate Judge, it is
ORDERED that the Recommendation be and is hereby ADOPTED and the petition for
habeas corpus relief filed pursuant to 28 U.S.C. § 2254 be and is hereby DENIED. It is
further
ORDERED 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 the 19th day of June, 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE