Adams v. Chapman et al

Filing 57

ORDER denying 55 Motion for Reconsideration ; denying 55 Motion for Leave to File. Ordered by Judge Hugh Lawson on 7/12/2010. (nbp)

Adams v. Chapman et al

Doc. 57

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF GEORGIA M AC O N DIVISION AL L E N ALPHONZO ADAMS, P e ti ti o ne r, v. B R U C E CHATMAN, Respondent. ORDER B e fo re the Court is Petitioner's Motion for Reconsideration (Doc. 55) of the C o urt's order (Doc. 49) and judgment (Doc. 50) dismissing his habeas petition. He ha s also filed a Motion for Leave to File a Successive Habeas Petition (Doc. 55). F o r the reasons outlined in the Court's order (Doc. 54) denying Petitioner's M o ti o n to Vacate, the Motion for Reconsideration is denied. Petitioner has presented no reason for the Court to reconsider its previous order. A s for the Motion for Leave to File, the Court does not have jurisdiction to hear a successive petition without an order from the Eleventh Circuit authorizing the Court to consider such a petition. Also, the Court does not have the power to order the E l e v e nth Circuit to allow Petitioner to file a successive petition. Accordingly, the M o ti o n for Leave to File is also denied. The Clerk of Court is ordered to furnish C A S E NO. 5:09-CV-306 (HL) 2 8 U.S.C. § 2254

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Petitioner with the application form required by the Eleventh Circuit for leave to file a successive habeas petition.1

S O ORDERED, this the 12 th day of July, 2010. s / Hugh Lawson HUGH LAWSON, SENIOR JUDGE m bh

By requesting the Clerk to provide Petitioner with an application form, the C o urt is not expressing any opinion on whether filing an application for leave to fi l e a successive petition is the appropriate next step for Petitioner.
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