Barlow v. Mitchem et al

Filing 21

ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS re 11 Petition for Writ of Habeas Corpus filed by Shannon Dean Barlow dismissing this action without prejudice for lack of jurisdiction due to his failure to comply with 28 USC 2244(b)(3)(A). Signed by Judge Kristi K. DuBose on 11/4/2013. (copy to petitioner) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION Shannon Dean Barlow, Petitioner, v. Dewayne Estes, Warden, et al., Respondent. ) ) ) ) ) ) ) Civil Action No. 12-00253-KD-N ORDER After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated October 8, 2013 is ADOPTED as the opinion of this Court with one exception: Petitioner Shannon Dean Barlow’s successive habeas corpus petition (Doc. 11) is DISMISSED without prejudice for lack of jurisdiction due to his failure to comply with 28 U.S.C. § 2244(b)(3)(A). Additionally, Petitioner Shannon Dean Barlow is not entitled to a certificate of appealability and is therefore not entitled to appeal in forma pauperis. DONE and ORDERED this the 4th of November 2013. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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