Minnifield v. Tony et al

Filing 12

MEMORANDUM OPINION. Signed by Judge R David Proctor on 12/28/2016. (KAM, )

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FILED 2016 Dec-28 AM 10:46 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION KENNEDY MINNIFIELD, Petitioner, v. WARDEN TONY, et al., Respondents. } } } } } } } } } Case No.: 2:16-cv-00748-RDP-JHE MEMORANDUM OPINION On December 8, 2016, the Magistrate Judge’s Report and Recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the Magistrate Judge. (Doc. # 11 at 4). No objections were filed. After careful consideration of the record in this case and the Magistrate Judge’s Report and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge. The court further ACCEPTS the recommendation of the Magistrate Judge that the petition for writ of habeas corpus be dismissed without prejudice because Petitioner has not received authorization from the Eleventh Circuit Court of Appeals to file a second or successive habeas petition. See 28 U.S.C. § 2244(b)(3)(A). A separate order in accordance with the Memorandum Opinion will be entered. DONE and ORDERED this December 28, 2016. _________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE

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