Harris v. Patterson

Filing 12

ORDER ADOPTING the 11 REPORT AND RECOMMENDATIONS. It is ORDERED that the petitioner's Motion to Vacate, Set Aside or Correct Sentence is DISMISSED for failure to seek authorization from the Eleventh Circuit Court of Appeals to file a successive petition, and that a Certificate of Appealability is DENIED. Signed by Chief Judge William H. Steele on 6/8/10. Copy mailed to Petitioner. (tgw)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION NATHANIEL HARRIS, Petitioner, v. TONY PATTERSON, Respondent. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 10-00034-WS-N

ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. ' 636(b)(1)(B) and dated May 7, 2010, is ADOPTED as the opinion of this Court. It is ORDERED that the petitioner=s Motion to Vacate, Set Aside or Correct Sentence is DISMISSED for failure to seek authorization from the Eleventh Circuit Court of Appeals pursuant 28 U.S.C. ' 2244(b)(3)(A) to file a successive petition, and that a Certificate of Appealability is DENIED.
Done this 8th day of June, 2010.

s/WILLIAM H. STEELE CHIEF UNITED STATES DISTRICT JUDGE