Bagley v. State of Alabama et al
MEMORANDUM OPINION. Signed by Judge James H Hancock on 3/18/2013. (JLC)
2013 Mar-18 AM 11:33
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JAMES E. BAGLEY,
WARDEN BETTINA CARTER and
THE ATTORNEY GENERAL FOR
THE STATE OF ALABAMA,
This is a habeas corpus petition. The magistrate judge entered a report and
recommendation, recommending that the action be dismissed because it is a successive
petition and the petitioner has not obtained the required authorization from the Eleventh
Circuit Court of Appeals to file a successive petition in this court. Objections have been filed.
The court has considered the entire file in this action, including the report and
recommendation and the petitioner’s objections to the report and recommendation, and has
reached an independent conclusion that the report and recommendation is due to be adopted
Accordingly, the court hereby adopts and approves the findings and recommendation
of the magistrate judge as the findings and conclusions of the court. This habeas petition is
due to be dismissed, without prejudice, to allow the petitioner to obtain authorization from
the Eleventh Circuit Court of Appeals to file a successive petition in this court.
appropriate order will be entered.
DONE this the
day of March, 2013.
SENIOR UNITED STATES DISTRICT JUDGE
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