Childers v. Butler et al

Filing 18

ORDER -re: R&R 16 . The court hereby ADOPTS and ACCEPTS the recommendations of the magistrate judge. The petition for writ of habeas corpus is DENIED and is DISMISSED WITHOUT PREJUDICE. If Petitioner obtains from the Eleventh Circuit a certificate of appealability, he may file notice of that and re-present this habeas action. Signed by Judge R David Proctor on 8/9/2016. (AVC)

FILED
2016 Aug-10 AM 09:45
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
TROY WAYNE CHILDERS,

}
}
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}
}
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}

Petitioner,
v.
FREDDY BUTLER; et al.,
Respondents.

Case No.: 6:13-cv-00849-RDP

ORDER
On July 29, 2016, the magistrate judge entered a Report and Recommendation (Doc. 16),
recommending that this petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2254 be
denied and dismissed as second or successive under 28 U.S.C. § 244(b)(4). Petitioner filed an
objection on August 8, 2016, stating that he will request from the Eleventh Circuit a certificate of
appealability.
After careful consideration of the record in this case and the magistrate judge’s Report
and Recommendation, the court hereby ADOPTS the report of the magistrate judge and
ACCEPTS his recommendations. Consequently, the petition for writ of habeas corpus filed
pursuant to 28 U.S.C. § 2254 in the above-styled case is due to be, and hereby is DENIED and is
DISMISSED WITHOUT PREJUDICE.
If Petitioner obtains from the Eleventh Circuit a certificate of appealability, he may file
notice of that and re-present this habeas action.
DONE and ORDERED this August 9, 2016.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE