Williams v. Owens

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendations. Signed by Judge William T. Moore, Jr on 4/11/2012. (loh)

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L. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION ?DI2,p. ,j CI RONNIE WILLIAMS, Petitioner, V. CASE NO. CV412-019 WARDEN BRIAN OWENS, Georgia State Prison, Respondent. ORDER Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 4) , to which objections have been filed (Doc. 7) . After a careful de novo review of the record, the Court concludes that Petitioner's objections are without merit. In the objections, Petitioner argues that he cannot waive his right to counsel. (Id. at 1-2.) However, this issue is wholly distinct from the question of whether this Court has jurisdiction to entertain a second or successive habeas petition. As the Magistrate Judge correctly points out, this Court may only entertain a second or successive habeas petition if Petitioner obtains permission from the Eleventh Circuit. See Hill v. Hopper, 112 F.3d 1088, 1089 (11th Cir. 1997); see also Eleventh Cir. R. 22-3(a). Accordingly, the report and recommendation is ADOPTED as the Court's opinion in this Ej case and the 28 U.S.C. 2254 Petition is DISMISSED. The Clerk of Court is DIRECTED to close this case. SO ORDERED this day of April 2012. WILLIAM JROV UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA OA

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