Denny v. Calloway (INMATE 3)

Filing 3

ORDER: it is ORDERED that: 1) The Magistrate Judge's 2 Recommendation is ADOPTED; and 2) This case is DISMISSED for lack of jurisdiction, in accordance with the provisions of 28 USC 2244(b)(3)(A), because Petitioner has not obtained the req uired permission from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider Petitioner's successive habeas application; A final judgment will be entered separately. Signed by Honorable Judge W. Harold Albritton, III on 1/6/2021. (amf, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION TIMOTHY SCOTT DENNY, # 290082, Petitioner, v. ROLANDA CALLOWAY, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:20-CV-972-WHA-CSC [WO] ORDER On December 9, 2020, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. Doc. # 2. Upon an independent review of the record and consideration of the Recommendation, it is ORDERED that: 1. The Magistrate Judge’s Recommendation (Doc. # 2) is ADOPTED; and 2. This case is DISMISSED for lack of jurisdiction, in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A), because Petitioner has not obtained the required permission from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider Petitioner’s successive habeas application. A final judgment will be entered separately. ONE this 6th day of January, 2021. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE

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