Howard v. Bolling et al
MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 10/12/17. (SAC )
2017 Oct-12 PM 04:19
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MICHAEL LAMAR HOWARD,
LEON BOLLING, III, Warden, and
THE ATTORNEY GENERAL OF
THE STATE OF ALABAMA,
Case No. 1:17-cv-01460-KOB-HNJ
On August 30, 2017, the magistrate judge entered a report recommending that
the court dismiss the petition pursuant to 28 U.S.C. § 2244(b)(2) or, in the alternative,
pursuant to 28 U.S.C. § 2244(b)(3)(A) because the petitioner has already filed a habeas
petition and did not obtain the necessary authorization from the Eleventh Circuit to file
On September 6, 2017, petitioner filed objections to the
magistrate judge’s report and recommendation. (Doc. 5).
In his objections, the petitioner basically restates the same grounds found in his
petition, but does not address the specific findings of the magistrate judge. Therefore,
the court OVERRULES all of his objections.
After careful de novo review of the record in this case, including the magistrate
judge’s report and recommendation and the petitioner’s objections, the court ADOPTS
the report of the magistrate judge and ACCEPTS his recommendation to dismiss the
The court specifically finds that this court lacks jurisdiction to consider this
“second or successive” petition because the Eleventh Circuit has not certified it as
required by 28 U.S.C. § 2244(b)(3)(A). See McCallum v. McDonough, 257 F. App’x 157, 159
(11th Cir. 2007) (“A district court lacks jurisdiction to consider a ‘second or successive’
habeas corpus petition that has not been previously authorized by an appellate court.”)
(citing Hill v. Hopper, 112 F.3d 1088, 1089 (11th Cir. 1997)).
Alternatively, the petitioner has not made the requisite showing under 28 U.S.C.
§ 2244(b)(2) to avoid dismissal of any claims not previously raised.
The court will enter a separate order in conformity with this Memorandum
DONE and ORDERED this 12th day of October, 2017.
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE
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