Brown v. State of Alabama et al

Filing 6

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 6/16/2016. (PSM)

FILED
2016 Jun-16 PM 01:18
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JAMES BRENT BROWN,
Petitioner,
v.
STATE OF ALABAMA, et al.,
Respondents.

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5:16-cv-0680-LSC-JEO

MEMORANDUM OPINION
On or about April 27, 2016, James Brent Brown, an Alabama state prisoner acting pro
se, filed this habeas corpus action pursuant to 28 U.S.C. § 2254. (Doc. 1). On May 19, 2016,
the magistrate judge to whom the case was referred for preliminary review entered a report
and recommendation (“R&R”). (Doc. 4). Specifically, he recommended that this action be
dismissed without prejudice for lack of jurisdiction because Brown’s petition amounts to a
successive § 2254 application for which he lacks an authorizing order from the Eleventh
Circuit, as required by 28 U.S.C. § 2244(b) and Rule 9 of the Rules Governing § 2254 Habeas
Cases. (Doc. 4). Brown has now filed a timely objection to the R&R. (Doc. 5).
Having carefully reviewed and considered de novo all the materials in the court file,
including the magistrate judge’s report and recommendation and the petitioner’s objections
thereto, the court is of the opinion that the magistrate judge’s findings are due to be and are
hereby ADOPTED and his recommendation is ACCEPTED. While Petitioner has objected

to the R&R, it suffices to say that those objections are frivolous and that the points he
attempts to raise are adequately addressed by the R&R. Accordingly, Brown’s objections are
OVERRULED. Brown’s petition for a writ of habeas corpus is due to be DISMISSED
WITHOUT PREJUDICE, for lack of jurisdiction. A separate Final Judgment will be
entered.
Done this 16th day of June 2016.

L. SCOTT COOGLER
UNITED STATES DISTRICT JUDGE
182184

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