Kennedy v. Mobile Circuit Court
JUDGMENT, Pet's 1 MOTION for Permission to File Second Habeas Corpus Petition is dismissed w/prejudice for lack of jurisdiction as set out. Pet is not entitled to a certificate of appealability &, therefore, he is not entitled to appeal in forma pauperis. Signed by Judge Callie V. S. Granade on 4/19/2013. (copy mailed to Pet on 4/19/13) (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
RICHARD D. KENNEDY,
MOBILE CIRCUIT COURT,
In accordance with the order entered on this date, it is hereby ORDERED,
ADJUDGED, and DECREED that petitioner’s motion for permission to file yet another
28 U.S.C. § 2254 petition is due to be, and is hereby, dismissed with prejudice for lack of
jurisdiction. See 28 U.S.C. § 2244(b)(3)(A) (“Before a second or successive application
permitted by this section is filed in the district court, the applicant shall move in the
appropriate court of appeals for an order authorizing the district court to consider the
application.”). Kennedy is not entitled to a certificate of appealability and, therefore, he
is not entitled to appeal in forma pauperis.
DONE and ORDERED this 19th day of April, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE
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