Wells v. Headley et al (INMATE 3)

Filing 5

ORDER: it is ORDERED that: (1) the Magistrate Judge's 4 Recommendation is ADOPTED; and (2) this case is DISMISSED for lack of jurisdiction under 28 USC 2244(b)(3)(A) because Petitioner has not obtained permission from the Eleventh Circuit Court of Appeals to authorizing this court to consider his successive habeas petition. Signed by Honorable Judge W. Harold Albritton, III on 7/14/2021. (wcl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION NICHOLAS WELLS, # 207770, ) ) ) ) ) ) ) ) ) Petitioner, v. JOSEPH H. HEADLEY, et al., Respondents. Civil Action No. 2:21cv411-WHA-SRW [WO] ORDER On June 21, 2021, the Magistrate Judge entered a Recommendation to which no timely objections have been filed. Doc. 4. Upon an independent review of the record and consideration of the Recommendation, it is ORDERED that: (1) the Magistrate Judge’s Recommendation (Doc. 4) is ADOPTED; and (2) this case is DISMISSED for lack of jurisdiction under 28 U.S.C. § 2244(b)(3)(A) because Petitioner has not obtained permission from the Eleventh Circuit Court of Appeals to authorizing this court to consider his successive habeas petition. A final judgment will be entered separately. DONE this 14th day of July, 2021. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE

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