Trantham v. State of Alabama et al, No. 1:2016cv00537 - Document 5 (N.D. Ala. 2016)
Court Description: MEMORANDUM OPINION. Signed by Judge R David Proctor on 4/26/2016. (AVC)
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Trantham v. State of Alabama et al Doc. 5 FILED 2016 Apr-26 AM 09:40 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION HARVEY J. TRANTHAM, Petitioner, v. STATE OF ALABAMA, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-0537-RDP-JEO MEMORANDUM OPINION This is an action on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by Harvey J. Trantham (“Petitioner”), an Alabama state prisoner acting pro se. The Magistrate Judge to whom the case was referred for preliminary review has entered a Report and Recommendation pursuant to 28 U.S.C. § 636(b) that recommends that habeas relief be denied because Petitioner’s habeas claims are barred as being successive since there is no permission to proceed from the Eleventh Circuit Court of Appeals. 28 U.S.C. § 2244(b)(3). (Doc. 9). No objections to the Report and Recommendation have been filed, and the time prescribed for doing so has expired. Having carefully reviewed and considered de novo all the materials in the court file, including the Magistrate Judge’s Report and Recommendation, the court is of the opinion that the Magistrate Judge’s findings are due to be and are hereby ADOPTED and his recommendation is ACCEPTED. Accordingly, the petition for a writ of habeas corpus is due to be denied and this action is due to be dismissed without prejudice. Further, the court concludes that the petition does not present issues that are debatable among jurists of reason, so a certificate of appealability is also due to be denied. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000); Rule 11(a), RULES GOVERNING § 2254 PROCEEDINGS. A separate Final Judgment will be entered. Dockets.Justia.com DONE and ORDERED this 26th day of April, 2016. ___________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE 2
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