Noe v. Boyd et al

Filing 4

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 7/23/2012. (JLC)

FILED
2012 Jul-23 PM 03:15
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
WOODBURCK NOE,
Petitioner,
vs.
LOUIS BOYD, ET AL.,
Respondents.

]
]
]
]
]
]
]
]
]

5:12-CV-2239-VEH-RRA

MEMORANDUM OPINION
This is a habeas corpus petition. The magistrate judge entered a report and
recommendation, recommending that the action be dismissed because it is a
successive petition and the petitioner has not obtained the required authorization from
the Eleventh Circuit Court of Appeals to file a successive petition in this court.
Objections have been filed.
The court has considered the entire file in this action, including the report and
recommendation and the petitioner’s objections to the report and recommendation,
and has reached an independent conclusion that the report and recommendation is due
to be adopted and approved.
Accordingly, the court hereby adopts and approves the findings and
recommendation of the magistrate judge as the findings and conclusions of the court.

This habeas petition is due to be dismissed, without prejudice, to allow the petitioner
to obtain authorization from the Eleventh Circuit Court of Appeals to file a successive
petition in this court. An appropriate order will be entered.
DONE this the 23rd day of July, 2012.

VIRGINIA EMERSON HOPKINS
United States District Judge

2