Massey v. State of Alabama et al (INMATE 3), No. 2:2017cv00594 - Document 10 (M.D. Ala. 2017)
Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 11/28/2017. (alm, )
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Massey v. State of Alabama et al (INMATE 3) Doc. 10 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION CALVIN LEON MASSEY, Petitioner, v. STATE OF ALABAMA, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:17cv594-MHT (WO) OPINION Plaintiff filed a self-styled “Request for Declaratory Judgment Action,” which the court treats as a petition for habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity of his 2012 guilty convictions for two counts of attempted murder. plea This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that the habeas-corpus request be dismissed because the required permission has not been obtained from the Eleventh Circuit Court of Appeals. Also before the court objections to the recommendation. are petitioner's After an independent Dockets.Justia.com and de novo review of the record, the court concludes that the objections should be overruled and the magistrate judge’s recommendation adopted. An appropriate judgment will be entered. DONE, this the 28th day of November, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
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