Lee v. Estes (INMATE 3)

Filing 5

ORDER the Petitioner's Objection 4 is hereby OVERRULED; 1. The 28 U.S.C. § 2244(b)(3)(A) petition for habeas corpus relief is DENIED. 2. This action is DISMISSED as further set out. Signed by Honorable Judge W. Harold Albritton, III on 12/3/2013. (jg, )

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

RASHAD C. LEE, #213823,
Petitioner,
v.
DEWAYNE ESTES, et al.,
Respondents.

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CIVIL ACTION NO. 2:13cv797-WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #3),
entered on November 13, 2013, and the Petitioner’s Objection thereto (Doc. #4), filed on
December 2, 2013.
Following an independent evaluation and de novo review of the file in this case, the court
finds Petitioner’s objection to be without merit for the same reasons set out in the
Recommendation, and it is hereby OVERRULED. The court ADOPTS the Recommendation of
the Magistrate Judge, and it is hereby ORDERED as follows:
1. The 28 U.S.C. § 2244(b)(3)(A) petition for habeas corpus relief is DENIED.
2. This action is DISMISSED in accordance with the provisions of 28 U.S.C. §
2244(b)(3)(A), because Lee 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 3rd day of December, 2013.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE