Sunday v. Jones, et al (INMATE 3)

Filing 11

ORDER directing that, after an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The petitioner's 10 objection to the 9 Recommendation of the Magistrate Judge is overruled; (2) The 9 Recommendation of the Magistrate Judge is adopted; (3) The 28 U.S.C. § 2254 1 petition for habeas corpus relief (styled by Sunday as a "Mandamus, Appeal, Motion for Appropriate Relief") is DENIED; (4) This cause of action is DISMISSED in accordanc e 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 Appeals authorizing this court to consider his successive habeas application. Signed by Honorable Judge Truman M. Hobbs on 3/15/13. (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
TIMOTHY LEE SUNDAY, #213453,
Petitioner,
v.
KENNETH JONES, et al.,
Respondents.

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CASE NO. 3:12-cv-0999-TMH
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The petitioner's objection (Doc. #10) to the Recommendation of the Magistrate
Judge filed on February 25, 2013 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #9) filed on February 4, 2013
is adopted;
3. The 28 U.S.C. § 2254 petition for habeas corpus relief (styled by Sunday as a
“Mandamus, Appeal, Motion for Appropriate Relief”), Doc. #1, is DENIED.
4. This cause of action 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 Appeals authorizing this court to consider his successive habeas application.
DONE this the 15th day of March, 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE