Garrison v. Mitchem et al

Filing 10

MEMORANDUM OPINION. Signed by Judge James H Hancock on 6/10/2013. (KAM, )

FILED
2013 Jun-10 PM 03:32
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
KENNIE DALE GARRISON,
Petitioner,
v.
WARDEN BILLY MITCHEM, et al.,
Respondents.

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6:13-cv-0272-JHH-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. In response to the report
and recommendation, the petitioner has filed a motion to withdraw his petition so he may
petition the Eleventh Circuit Court of Appeals of authorization to file a successive petition
in this court.
The court has considered the entire file in this action, including the report and
recommendation and the petitioner’s motion to withdraw his petition, 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. The petitioner’s motion
to withdraw his petition is due to be granted and 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 10th day of June, 2013.

SENIOR UNITED STATES DISTRICT JUDGE

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