CHILDERS v. BUTLER, 6:13-cv-00849-RDP. (2016)
Court: District Court, N.D. Alabama
Number: infdco20160811a03
Visitors: 5
Filed: Aug. 10, 2016
Latest Update: Aug. 10, 2016
Summary: ORDER R. DAVID PROCTOR , District Judge . On July 29, 2016, the magistrate judge entered a Report and Recommendation (Doc. 16), recommending that this petition for habeas corpus relief filed pursuant to 28 U.S.C. 2254 be denied and dismissed as second or successive under 28 U.S.C. 244(b)(4). Petitioner filed an objection on August 8, 2016, stating that he will request from the Eleventh Circuit a certificate of appealability. After careful consideration of the record in this case and
Summary: ORDER R. DAVID PROCTOR , District Judge . On July 29, 2016, the magistrate judge entered a Report and Recommendation (Doc. 16), recommending that this petition for habeas corpus relief filed pursuant to 28 U.S.C. 2254 be denied and dismissed as second or successive under 28 U.S.C. 244(b)(4). Petitioner filed an objection on August 8, 2016, stating that he will request from the Eleventh Circuit a certificate of appealability. After careful consideration of the record in this case and ..
More
ORDER
R. DAVID PROCTOR, District Judge.
On July 29, 2016, the magistrate judge entered a Report and Recommendation (Doc. 16), recommending that this petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2254 be denied and dismissed as second or successive under 28 U.S.C. § 244(b)(4). Petitioner filed an objection on August 8, 2016, stating that he will request from the Eleventh Circuit a certificate of appealability.
After careful consideration of the record in this case and the magistrate judge's Report and Recommendation, the court hereby ADOPTS the report of the magistrate judge and ACCEPTS his recommendations. Consequently, the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 in the above-styled case is due to be, and hereby is DENIED and is DISMISSED WITHOUT PREJUDICE.
If Petitioner obtains from the Eleventh Circuit a certificate of appealability, he may file notice of that and re-present this habeas action.
DONE and ORDERED.
Source: Leagle
