McLeod v. State of Alabama et al

Filing 17

ORDER ADOPTING REPORT AND ACCEPTING RECOMMENDATION petition for writ of habeas corpus pursuant to 28:2254 is DISMISSED WITHOUT PREJUDICE. Signed by Senior Judge Inge P Johnson on 9/30/13. (ASL)

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FILED 2013 Sep-30 PM 01:40 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JULIUS McLEOD, ) ) ) ) ) Petitioner, v. STATE OF ALABAMA, ATTORNEY GENERAL OF THE STATE OF ALABAMA, Respondents. Case No. 2:12-cv-1913-IPJ-TMP ) ) ) ) ORDER On September 9, 2013, the magistrate judge filed his report and recommendation in the above-styled cause, recommending that this petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2254 be dismissed without prejudice due to Petitioner’s failure to obtain the necessary authorization of the Eleventh Circuit Court of Appeals to file a successive petition, which leaves this court without jurisdiction to adjudicate Petitioner’s claims. No objections have been filed. Having now carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court is of the opinion the magistrate judge’s report is due to be and hereby is ADOPTED, and the recommendation is ACCEPTED. Consequently, the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 in the above-styled cause is due to be and the same is hereby DISMISSED WITHOUT PREJUDICE. DATED this 30th day of September, 2013. INGE PRYTZ JOHNSON SENIOR U.S. DISTRICT JUDGE 2

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