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)

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,

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Petitioner,
v.
STATE OF ALABAMA,
ATTORNEY GENERAL OF THE
STATE OF ALABAMA,
Respondents.

Case No. 2:12-cv-1913-IPJ-TMP

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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

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