Pearson v. Patterson et al (INMATE 2), No. 2:2013cv00454 - Document 5 (M.D. Ala. 2013)

Court Description: ORDER AND OPINION: it is ORDERED and ADJUDGED that the 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1) The 28 USC § 2254 petition for habeas corpus relief filed by Petitioner on June 26, 2013 is DENIED; 2) This c ause of action is DISMISSED in accordance with the provisions of 28 USC § 2244(b)(3)(A) as Petition has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider his successive habeas application. Signed by Honorable Judge W. Harold Albritton, III on 8/7/2013. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION CLINTON J. PEARSON, JR., #155536, Petitioner, v. WARDEN PATTERSON, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:13cv454-WHA (WO) ORDER AND OPINION On July 17, 2013, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 4). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. The 28 U.S.C. § 2254 petition for habeas corpus relief filed by Petitioner on June 26, 2013 is DENIED. 2. This cause of action is DISMISSED in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A) as Petition has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider his successive habeas application. Done this the 7th day of August, 2013. /s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE 2

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