Carter v. Bolling et al

Filing 9

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 12/7/16. (SAC )

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FILED 2016 Dec-07 PM 01:22 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LUTHER CARTER, Petitioner, v. LEON BOLLING, Warden, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-01327-KOB-TMP MEMORANDUM OPINION On November 1, 2016, 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 because the court is without jurisdiction to consider this second or successive habeas petition. (Doc. 8). No party has filed any objections. Having carefully reviewed and considered de novo all the materials in the court file, the court ADOPTS the magistrate judge’s report and ACCEPTS his recommendation to dismiss the petition. The court finds that this second or successive petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 in the above-styled cause is due to be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. The court will enter a separate Final Order. DONE and ORDERED this 7th day of December, 2016. ____________________________________ KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE 2

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