Billingsleay v. Patterson et al (INMATE 3)

Filing 9

ORDER, JUDGMENT and DECREE of the court that: (1) the petitioner's 8 objection is overruled; (2) ADOPTING the 5 REPORT AND RECOMMENDATION of the Mag Judge; (3) the instant petition for habeas corpus relief filed by Billingsleay is DENIED; (4 ) this cause of action is DISMISSED in accordance with the provisions of 28 USC 2244(b)(3)(A), as billingsleay has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider his successive habeas application. Signed by Honorable Judge Truman M. Hobbs on 3/13/12. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION JAMET N. BILLINGSLEAY, Petitioner, v. TONY PATTERSON, et al, Respondents. ) ) ) ) ) ) ) ) CASE NO. 3:12-cv-1002-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. #8) filed on February 20, 2013 to the Recommendation of the Magistrate Judge is overruled; 2. The Recommendation of the Magistrate Judge (Doc. #5) filed on January 11, 2013 is adopted; 3. The instant petition for habeas corpus relief filed by Billingsleay is DENIED; 4. This cause of action is DISMISSED in accordance with the provisions of 28 U.S.C. ยง 2244(b)(3)(A), as Billingsleay has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider his successive habeas application. DONE this the 13th day of March, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE

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