Evans v. Davenport et al

Filing 16

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS re 5 Petition for Writ of Habeas Corpus filed by Leslie Evans dismissing same as a successive petition under 28:2254. Signed by Judge Kristi K. DuBose on 3/22/2012. (copy to petitioner) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LESLIE EVANS, : : : : : CIVIL ACTION NO. 11-00544-KD-B : : : : Petitioner, vs. CARTER F. DAVENPORT, et al., Respondents. ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that this action be and is hereby DISMISSED due to Petitioner’s failure to comply with 28 U.S.C. § 2244(b)(3)(A). DONE this 22nd day of March, 2012. s/Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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