Lingo v. Forniss et al (INMATE 1), No. 2:2013cv00246 - Document 5 (M.D. Ala. 2013)

Court Description: OPINION and ORDER adopting 4 Report and Recommendation of the Mag Judge and the petition for habeas corpus relief filed pursuant to 28 USC 2254 be and is hereby DENIED; further ORDERING that this case be and is hereby DISMISSED in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A) as the petitioner has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider his successive habeas application. Signed by Honorable Judge Truman M. Hobbs on 6/19/13. (djy, )
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Lingo v. Forniss et al (INMATE 1) Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION RALPH WILSON LINGO, #190083, Petitioner, v. LEON FORNISS, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:13cv246-TMH (WO) OPINION and ORDER On May 7, 2013, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED that the Recommendation be and is hereby ADOPTED and the petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2254 be and is hereby DENIED. It is further ORDERED that this case be and is hereby DISMISSED in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A) as the petitioner has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider his successive habeas application. DONE this the 19th day of June, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE Dockets.Justia.com