Stokes v. United States of America (INMATE 3), No. 3:2019cv00634 - Document 4 (M.D. Ala. 2019)
Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 10/4/19. (djy, )
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Stokes v. United States of America (INMATE 3) Doc. 4 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION BRADLEY WAYNE STOKES, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:19cv634-MHT (WO) OPINION Pursuant to 28 U.S.C. § 2255, petitioner filed this habeas-corpus case. court on Magistrate the This lawsuit is now before the recommendation Judge that the of the United habeas-corpus States request be dismissed because the required permission has not been obtained from the Eleventh Circuit Court of Appeals. Also before the court is petitioner's response to the recommendation, in which he includes an application to the appeals court for leave to file a second or successive petition which he appears to have filed with the appeals court on September 16, 2019. construes the response as an objection The court to the Dockets.Justia.com recommendation. review of objection judge’s the After record, should be recommendation an the independent court overruled adopted. and concludes and the de that novo the magistrate (However, if the appeals court grants petitioner’s application, he may file a new § 2255 petition with this court.) An appropriate judgment will be entered. DONE, this the 4th day of October, 2019. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
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