Spivey v. Wall

Filing 12

ORDER granting 7 Motion to Dismiss; adopting 10 Report and Recommendations and dismissing case. So Ordered by Chief Judge William E. Smith on 9/23/2016. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
Petitioner,
)
)
v.
)
)
A.T. WALL,
)
)
Respondent.
)
___________________________________)
CLARENCE E. SPIVEY,

C.A. No. 16-70 S LDA

ORDER
WILLIAM E. SMITH, Chief Judge.
On May 13, 2016, United States Magistrate Judge Lincoln D.
Almond issued a Report and Recommendation (“R&R”) (ECF No. 10)
recommending that this Court dismiss Petitioner’s Petition for
Writ

of

Habeas

Corpus

(“Petition”)

(ECF

No.

1)

because

it

constituted a second or successive petition under 28 U.S.C. §
2244(b)(1).

As the R&R noted, in a petition Petitioner filed in

2012, he claimed that the Rhode Island Department of Corrections
improperly calculated his “good time” credits.

(R&R 2, ECF No.

10 (citing Spivey v. Rhode Island, No. CA 12-33 S, 2012 WL
3789444, at *1 (D.R.I. June 29, 2012), report and recommendation
adopted,
2012)).)

No.

CA

12-33-S,

2012

WL

3790748

(D.R.I.

Aug.

His present Petition raises the same complaint.

Petition 6, ECF No. 1.)

29,
(See

As the R&R correctly concluded, to

bring this second habeas petition, Petitioner must first receive
1

authorization from the Court of Appeals, which he has failed to
do.

See 28 U.S.C. § 2244(b)(3)(A).

OVERRULES

the

objection

U.S.C. § 636(b)(1).

and

ACCEPTS

Consequently, the Court
the

R&R

pursuant

Plaintiff’s Petition is DISMISSED.

IT IS SO ORDERED.

____________________
William E. Smith
Chief Judge
Date: September 23, 2016

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