Moore v. English

Filing 16

ORDER adopting 14 Report and Recommendation and dismissing action without prejudice by Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Anthony Moore,
Petitioner,

Case No. 3:16-cv-435

-vs-

ORDER ADOPTING REPORT AND
RECOMMENDATION

N.C. English,
Respondent.
Pursuant to 28 U.S.C. § 636, the court has received a Report and Recommendation
from the Honorable Alice R. Senechal, United States Magistrate Judge.1 The Report and
Recommendation recommends that Moore’s habeas petition be dismissed without prejudice
for lack of jurisdiction. Moore filed an objection after the deadline for submitting
objections expired.2 In his objection, he contends the magistrate judge misapplied the law
because there is no requirement that he seek leave to file a second habeas corpus petition.
He also states that he did not receive the Report and Recommendation until March 2, 2017.
The court has considered Moore’s objections and the record. After reviewing the
magistrate judge’s Report and Recommendation, the record, and Moore’s objections, the
court finds the magistrate judge’s analysis and recommendation for disposition is
appropriate. Accordingly, the court hereby adopts the Report and Recommendation in its
entirety.
IT IS HEREBY ORDERED that Moore’s petition be dismissed without prejudice
for lack of jurisdiction because it is a second or successive petition challenging his state

1

Doc. #14.

2

Doc. #15.

1

court conviction in Cass County Case No. 09-01-K-02551. Moore must obtain authorization
from the Eighth Circuit Court of Appeals to file a second or successive § 2254 petition prior
to filing the petition in this court.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 7th day of March, 2017.
/s/ Ralph R. Erickson
Ralph R. Erickson, District Judge
United States District Court

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