Suttle v. Estes et al

Filing 12

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 12/5/2019. (PSM)

FILED
2019 Dec-05 PM 03:35
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES EDWARD SUTTLE,
Petitioner,
v.
DWAYNE ESTES, et al.,
Respondent.

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Case No.: 2:17-cv-01913-LSC-HNJ

MEMORANDUM OPINION
James Edward Suttle, an Alabama state prisoner proceeding pro se, filed a
petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). On
October 30, 2019, the magistrate judge entered a report recommending this action
be dismissed without prejudice for lack of jurisdiction because the petition is
successive, and Suttle has not obtained authorization from the Eleventh Circuit Court
of Appeals to proceed as required by 28 U.S.C. § 2244(b)(3)(A). (Doc. 10). Suttle
filed timely objections to the magistrate judge’s report and recommendation. (Doc.
11).
In his objections, Suttle restates his claims that he was wrongfully convicted
of capital murder and sentenced to life without parole. (Doc. 11 at 1-2). However,
Suttle does not address the magistrate judge’s finding that his petition is successive
under 28 U.S.C. § 2244(b)(3)(A) and that he failed to obtain leave from the Eleventh
Circuit before filing a second or successive petition in this court. See Magwood v.
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Patterson, 561 U.S. 320, 330-31 (2010) (A petitioner “must obtain leave from the
court of appeals before filing [a second or successive petition] with the district
court.”) (citing 28 U.S.C. § 2244(b)(3)(A)). Therefore, the court OVERRULES
Suttle’s objections.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, and the objections thereto, the
court

ADOPTS

the

magistrate

judge’s

findings

and

ACCEPTS

the

recommendation. Suttle’s petition for a writ of habeas corpus is due to be dismissed
without prejudice for lack of jurisdiction because he has not received authorization
from the Eleventh Circuit to file a second or successive habeas petition. See 28
U.S.C. § 2244(b)(3)(A). Additionally, a certificate of appealability is due to be
denied.
The court will enter a separate order.
DONE and ORDERED on December 5, 2019.

_____________________________
L. Scott Coogler
United States District Judge
160704

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