McQueen v. White et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS the petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 is DENIED and DISMISSED WITHOUT PREJUDICE. Signed by Judge William M Acker, Jr on 5/16/12. (KGE, )

FILED
2012 May-16 PM 02:09
U.S. DISTRICT COURT
N.D. OF ALABAMA

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

MARCUS MCQUEEN,
Petitioner,
vs.
WARDEN WHITE; and the
ATTORNEY GENERAL of the
STATE OF ALABAMA,
Respondents.

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Case No. 2:12-cv-1024-WMA-TMP

ORDER DISMISSING THE PETITION
The magistrate judge filed his report and recommendation on April 25, 2012, recommending
dismissal of petitioner's 28 U.S.C. § 2254 petition for habeas corpus relief on grounds that the
petition is successive. Petitioner filed objections on May 14, 2012, which assert that the instant
petition should not be deemed successive because the first petition was “dismissed on procedural
grounds.” As explained in the report and recommendation, however, this court has no jurisdiction
over a successive petition that has not been filed pursuant to approval by the appellate court. Having
now carefully considered de novo all the materials in the court file, including the report and
recommendation, the court is of the opinion that the magistrate judge's report is due to be ADOPTED
and the recommendation ACCEPTED.
It is therefore ORDERED that the petition for habeas corpus relief pursuant to 28 U.S.C. §
2254 in the above-styled cause be and hereby is DENIED and DISMISSED WITHOUT
PREJUDICE.

DONE the 16th day of May, 2012.
_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE