Archer v. Estes, 5:17-cv-00250-KOB-SGC. (2020)
Court: District Court, N.D. Alabama
Number: infdco20200313a24
Visitors: 19
Filed: Mar. 12, 2020
Latest Update: Mar. 12, 2020
Summary: MEMORANDUM OPINION KARON OWEN BOWDRE , District Judge . On February 11, 2020, the magistrate judge entered a report, recommending this petition for writ of habeas corpus, filed pursuant to 28 U.S.C. 2254, be dismissed without prejudice because it is successive and lacks the requisite appellate court authorization. (Doc. 36). The magistrate judge further recommended a certificate of appealability be denied. Although the parties were advised of their right to file specific written objectio
Summary: MEMORANDUM OPINION KARON OWEN BOWDRE , District Judge . On February 11, 2020, the magistrate judge entered a report, recommending this petition for writ of habeas corpus, filed pursuant to 28 U.S.C. 2254, be dismissed without prejudice because it is successive and lacks the requisite appellate court authorization. (Doc. 36). The magistrate judge further recommended a certificate of appealability be denied. Although the parties were advised of their right to file specific written objection..
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MEMORANDUM OPINION
KARON OWEN BOWDRE, District Judge.
On February 11, 2020, the magistrate judge entered a report, recommending this petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, be dismissed without prejudice because it is successive and lacks the requisite appellate court authorization. (Doc. 36). The magistrate judge further recommended a certificate of appealability be denied. Although the parties were advised of their right to file specific written objections within fourteen days, the court received no objections.
After careful consideration of the record in this case and the magistrate judge's report, the court ADOPTS the report of the magistrate judge and ACCEPTS her recommendation. In accordance with the recommendation, the court finds the petition is due to be dismissed without prejudice because it is successive and lacks the requisite appellate court authorization. The court further finds a certificate of appealability is due to be denied.
A separate order will be entered.
DONE and ORDERED.
Source: Leagle
