Whitley v. Patterson et al (INMATE1)

Filing 6

ORDER adopting 5 Report and Recommendations; that the petition for habeas corpus relief is DENIED; that this case is DISMISSED in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A). Signed by Honorable Judge Truman M. Hobbs on 8/9/2011. (cc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
CHESTER LEON WHITLEY, #128332,
Petitioner,
v.
TONY PATTERSON, et al.,
Respondents.

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CIVIL ACTION NO. 3:11cv396-TMH
(WO)

OPINION and ORDER
On June 23, 2011, the Magistrate Judge filed a Recommendation in this case
recommending that the petition of habeas corpus relief filed pursuant to 28 U.S.C. § 2254
be dismissed as the Petitioner failed to obtain the requisite order from the Eleventh Circuit
Court of Appeals authorizing a federal district court to consider his successive habeas
application. (Doc. # 5). Upon an independent review of the file in this case and upon
consideration of the Recommendation of the Magistrate Judge, it is
ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be
and is hereby ADOPTED, that the petition for habeas corpus relief be and is hereby
DENIED, and that this case be and is hereby DISMISSED in accordance with the provisions
of 28 U.S.C. § 2244(b)(3)(A).
Done this 9 th day of August, 2011.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE