WALLACE v. MCNEIL

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION re: 4 Report and Recommendation. The Petition is dismissed. Signed by SENIOR JUDGE MAURICE M PAUL on 7/7/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION WILLIAM WALLACE, Petitioner, v. WALTER A MCNEIL, Respondent. _____________________________/ ORDER This matter is before the Court on Doc. 4, Report and Recommendation of the Magistrate Judge, recommending that the Petition for Writ of Habeas Corpus Nunc Pro Tunc be denied. The Petitioner filed objections, Doc. 5, which the Court has reviewed. The Court agrees with the Magistrate Judge that Mr. Wallace is attempting to file a successive motion under 28 U.S.C. § 2254 without first receiving permission from the United States Court of Appeals for the Eleventh Circuit. Accordingly, it is hereby ORDERED AND ADJUDGED: 1. 2. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein. The Petition is dismissed and the Clerk is directed to close the file. CASE NO. 4:09-cv-00160-MP-WCS

DONE AND ORDERED this 7th day of July, 2009

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge