Barnes v. Social Security Administration, Commissioner

Filing 11

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 7/16/2012. (KAM, )

FILED
2012 Jul-16 PM 03:31
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION

JAMES E. BAGLEY,
Petitioner,
vs.
WARDEN BETTINA CARTER and
THE ATTORNEY GENERAL FOR
THE STATE OF ALABAMA,
Respondents.

]
]
]
]
]
]
]
]
]
]
]

CASE no. 1:12-cv-1030-RRA

MEMORANDUM OPINION

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
and approved.
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 16th day of July, 2012.

SHARON LOVELACE BLACKBURN
CHIEF UNITED STATES DISTRICT JUDGE

2

An