Massey v. State of Alabama et al (INMATE 3)

Filing 10

OPINION. Signed by Honorable Judge Myron H. Thompson on 11/28/2017. (alm, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
CALVIN LEON MASSEY,
Petitioner,
v.
STATE OF ALABAMA, et al.,
Respondents.

)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
2:17cv594-MHT
(WO)

OPINION
Plaintiff

filed

a

self-styled

“Request

for

Declaratory Judgment Action,” which the court treats as
a petition for habeas corpus pursuant to 28 U.S.C. § 2254,
challenging

the

validity

of

his

2012

guilty

convictions for two counts of attempted murder.

plea
This

lawsuit is now before the court on the recommendation of
the United States Magistrate Judge that the habeas-corpus
request be dismissed because the required permission has
not been obtained from the Eleventh Circuit Court of
Appeals.

Also

before

the

court

objections to the recommendation.

are

petitioner's

After an independent

and de novo review of the record, the court concludes
that

the

objections

should

be

overruled

and

the

magistrate judge’s recommendation adopted.
An appropriate judgment will be entered.
DONE, this the 28th day of November, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE