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)

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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. ) ) ) ) ) ) ) ) ) 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). 1 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. _________________________________ LILES C. BURKE UNITED STATES DISTRICT JUDGE 2

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