Esensoy v. Alabama Board of Pardons and Parole et al

Filing 5

MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 8/31/12. (KGE, )

FILED
2012 Aug-31 PM 12:06
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
GEORGE C. ESENSOY,
Petitioner,
v.
ALABAMA BOARD OF PARDONS
AND PAROLES, et al.,
Respondents.

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5:12-cv-2625-WMA-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 31st day of August, 2012.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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