Dover v. Estes et al

Filing 8

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 12/15/16. (SAC )

FILED
2016 Dec-15 AM 11:04
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
LARRY DOVER,
Petitioner,
v.
WARDEN DEWAYNE ESTES, et al.
Respondents.

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5:16-cv-01541-KOB-JEO

MEMORANDUM OPINION
Petitioner Larry Dover, an Alabama state prisoner acting pro se, filed this
habeas action pursuant to 28 U.S.C. § 2254. (Doc. 1). On October 19, 2016, the
magistrate judge entered a Report and Recommendation, in which he recommended
that the court dismiss this action for lack of jurisdiction because Dover’s § 2254
habeas application is successive and he lacks an authorizing order from the
appropriate court of appeals, as required by 28 U.S.C. § 2244(b). (Doc. 5). The
magistrate judge extended the deadline by which Dover had to file objections to the
Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1), but he has filed no
objections. (See Doc. 5 at 5-6; Docs. 6, 7).
Having carefully reviewed and considered de novo all the materials in the court
file, including the magistrate judge’s report and recommendation, the court ADOPTS
the magistrate judge’s report and ACCEPTS his recommendation. Accordingly, the

court finds that this successive petition for a writ of habeas corpus is due to be
DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.
The court will enter a separate Final Order.
DONE and ORDERED this 15th day of December, 2016.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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