Averett v. State of Alabama et al

Filing 6

MEMORANDUM OPINION: The Court ADOPTS the Magistrate Judge's Report and ACCEPTS the Recommendation and this action is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction; being dismissed as successive no ruling a certificate of appealability is required. Signed by Judge Liles C Burke on 8/1/2022. (AHI)

FILED
2022 Aug-01 AM 09:13
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
CORRY R. AVERETT,
Petitioner,
v.
STATE OF ALABAMA, et al.,
Respondents.

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Case No. 1:22-cv-00351-LCB-SGC

MEMORANDUM OPINION
The Magistrate Judge entered a Report on May 13, 2022, recommending this
petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed for
lack of jurisdiction as an unauthorized second or successive petition. (Doc. 3). 1 The
time to object has expired, and Petitioner has not filed any objections.
After careful consideration of the record in this case and the Magistrate
Judge’s Report, the Court ADOPTS the Report and ACCEPTS the
Recommendation. Consistent with that Recommendation, this matter is dismissed
without prejudice for lack of jurisdiction. Because this matter will be dismissed as
successive, a ruling on a certificate of appealability is not required. Osbourne v.
Sec’y, Fla. Dep’t of Corr., 968 F.3d 1261, 1264 n.3 (11th Cir. 2020).

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Following the receipt of a notice of change of address, the magistrate judge ordered the Clerk of
Court to send the petitioner a copy of the report and recommendation at his new address. (See
Docs. 4, 5).

A separate order will be entered.
DONE and ORDERED August 1, 2022.

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LILES C. BURKE
UNITED STATES DISTRICT JUDGE

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