WALKER v. HICKS

Filing 28

SUPPLEMENTAL REPORT AND RECOMMENDATION re 27 REPORT AND RECOMMENDATION, re 6 Amended Petition for Writ of Habeas Corpus filed by RANDY R WALKER, JR, 16 MOTION to Dismiss Petition for Writ of Habeas Corpus as Successive and /or Untimely filed by WALTER A MCNEIL : It is recommended that the REPORT AND RECOMMENDATION dated 4/16/2009 be ADOPTED. Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 4/17/2009. Internal deadline for referral to district judge if objections are not filed earlier: 5/15/2009. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION RANDY R. WALKER, Petitioner, v. WALTER MCNEIL, Respondent. ___________________________/ SUPPLEMENTAL REPORT AND RECOMMENDATION By Report and Recommendation issued yesterday, April 16, 2009, the Court recommended that Respondent's motion to dismiss be granted. Doc. 27. Unbeknownst to the undersigned, Petitioner, on that same date, filed a response to Respondent's motion. Doc. 26. The Court has considered Petitioner's response and is of the opinion that it does not change the analysis in the original R&R. The instant petition is indisputably second or successive as it relates to the conviction in 93-262, and this Court is without jurisdiction to consider his petition in that regard without prior authorization from the Eleventh Circuit. It is therefore respectfully RECOMMENDED that the R&R dated April 16, 2009, be ADOPTED. IN CHAMBERS at Gainesville, Florida, this 17th day of April, 2009. CASE NO. 5:08-cv-00252-RS-AK

s/ A. KORNBLUM ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.