Sunday v. Lee County Circuit Court et al (INMATE1)

Filing 19

ORDER, JUDGMENT, and DECREE of the court that: 1. The 10 Recommendation of the Magistrate Judge is ADOPTED. 2. To the extent Sunday presents claims which substantively address federal grounds for setting aside his sexual abuse conviction, this acti on constitutes a second or successive habeas petition and, with respect to such claims, is DISMISSED in accordance with the provisions of 28 U.S.C. 2244(b)(3)(A), as Sunday has failed to obtain the requisite order from the Eleventh Circuit Court of A ppeals authorizing a federal district court to consider his successive habeas application. 3. The petitioner's Motion for Relief from Judgment under FRCP 60(b) is DENIED. 4. This case is DISMISSED with prejudice. Signed by Hon. Chief Judge Mark E. Fuller on 6/23/2009. (dmn)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF E A S T E R N DIVISION T IM O T H Y LEE SUNDAY, #213453, P e titio n e r, v. L E E COUNTY CIRCUIT COURT, et al., R e sp o n d e n ts . ) ) ) ) ) ) ) )

C A S E NO. 3:09-cv-202-MEF

ORDER
O n April 21, 2009, the Magistrate Judge filed a Recommendation (Doc. #10) in this c a s e 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 the O R D E R , JUDGMENT and DECREE of the court that: 1 . The Recommendation of the Magistrate Judge is ADOPTED. 2 . To the extent Sunday presents claims which substantively address federal grounds f o r setting aside his sexual abuse conviction, this action constitutes a second or successive h a b e a s petition and, with respect to such claims, is DISMISSED in accordance with the p ro v is io n s of 28 U.S.C. § 2244(b)(3)(A), as Sunday has failed to obtain the requisite order f ro m the Eleventh Circuit Court of Appeals authorizing a federal district court to consider h is successive habeas application. 3 . The petitioner's motion for relief from judgment under Rule 60(b) of the Federal R u le s of Civil Procedure is DENIED.

4. This case is DISMISSED with prejudice. DONE this the 23rd day of June, 2009.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE