Stokes v. United States of America (INMATE 3)
Filing
4
OPINION. Signed by Honorable Judge Myron H. Thompson on 10/4/19. (djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
BRADLEY WAYNE STOKES,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.
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CIVIL ACTION NO.
3:19cv634-MHT
(WO)
OPINION
Pursuant to 28 U.S.C. § 2255, petitioner filed this
habeas-corpus case.
court
on
Magistrate
the
This lawsuit is now before the
recommendation
Judge
that
the
of
the
United
habeas-corpus
States
request
be
dismissed because the required permission has not been
obtained from the Eleventh Circuit Court of Appeals.
Also before the court is petitioner's response to the
recommendation, in which he includes an application to
the
appeals
court
for
leave
to
file
a
second
or
successive petition which he appears to have filed with
the appeals court on September 16, 2019.
construes
the
response
as
an
objection
The court
to
the
recommendation.
review
of
objection
judge’s
the
After
record,
should
be
recommendation
an
the
independent
court
overruled
adopted.
and
concludes
and
the
de
that
novo
the
magistrate
(However,
if
the
appeals court grants petitioner’s application, he may
file a new § 2255 petition with this court.)
An appropriate judgment will be entered.
DONE, this the 4th day of October, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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