McCray v. Cummins et al (INMATE2), No. 3:2009cv00659 - Document 26 (M.D. Ala. 2009)
Court Description: ORDER and OPINION adopting 15 RECOMMENDATION of the Magistrate Judge; dismissing Petitioner's habeas claims in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A) to the extent they challenge petitioner's 1992 convictions for second degree kidnapping and second degree assault, as he 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; referring this case back to the Magistrate Judge for further proceedings. Signed by Honorable Ira De Ment on 11/12/09. (br, ) Modified on 11/12/2009 to clarify text (br, ).
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION ROBERT L. MCCRAY, #167644 Petitioner, v. JOHN CUMMINS, WARDEN, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:09CV659-ID ORDER AND OPINION On August 17, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. No. 15). 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. Petitioner s habeas claims are DISMISSED in accordance with the provisions of 28 U.S.C. ยง 2244(b)(3)(A) to the extent they challenge petitioner s 1992 convictions for second degree kidnaping and second degree assault, as he 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. 2. This case is referred back to the Magistrate Judge for further proceedings. Done this the 12 th day of November, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE
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