Calhoun v. Billups et al

Filing 14

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 5/6/14. (ASL)

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FILED 2014 May-06 PM 02:49 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION LEANDER CALHOUN, Petitioner, vs. PHYLLIS BILLUPS, Warden; and the ATTORNEY GENERAL of the STATE OF ALABAMA, Respondents. ) ) ) ) ) ) ) ) ) ) ) Case No. 1:13-cv-2200-MHH-TMP MEMORANDUM OPINION On April 15, 2014 , the magistrate judge filed his report and recommendation in the abovestyled cause, recommending that this petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2254 be denied and dismissed. To date, no objections have been filed by either party. Having now carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court is of the opinion that the report is due to be and hereby is ADOPTED, and the recommendation is ACCEPTED. Consequently, the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 in the above-styled cause is due to be and the same is hereby DISMISSED WITHOUT PREJUDICE due to petitioner’s failure to receive authorization from the Eleventh Circuit Court of Appeals to file a successive petition, leaving this court without jurisdiction to consider the petition. Signed this the 6th day of May, 2014 MADELINE HUGHES HAIKALA U.S. DISTRICT JUDGE .

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