Mays v. Commissioner, Alabama Department of Corrections, No. 2:2020cv01823 - Document 8 (N.D. Ala. 2021)

Court Description: MEMORANDUM OPINION - The Court ADPOTS the Magistrate's Findings and ACCEPTS the Recommendations; a certificate of appealability is due to be denied and this action is due to be dismissed without prejudice. Signed by Judge Liles C Burke on 2/4/2021. (AHI)

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Mays v. Commissioner, Alabama Department of Corrections Doc. 8 FILED 2021 Feb-04 AM 11:08 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MICHAEL J. MAYS, ) ) ) ) ) ) ) ) ) Petitioner, v. JEFF DUNN, Respondent. Case No. 2:20-cv-01823-LCB-SGC MEMORANDUM OPINION The magistrate judge entered a report on January 11, 2021, recommending the court dismiss Petitioner Michael J. Mays’s petition for a writ of habeas corpus as successive, pursuant to 28 U.S.C. § 2244(b)(3)(A). (Doc. 7). The magistrate judge further recommended denial of a certificate of appealability. (Id. at 6-7). Although the magistrate judge advised Mays—who is represented by counsel—of his right to file objections to the report and recommendation within fourteen days, no objections have been received by the court. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge’s findings and ACCEPTS her recommendation. Mays’s petition for a writ of habeas corpus is due to be dismissed without prejudice for lack of jurisdiction because he has not received authorization from the Eleventh Circuit to Dockets.Justia.com file a successive habeas petition. See 28 U.S.C. § 2244(b)(3)(A). A certificate of appealability is due to be denied. A separate order will be entered. DONE and ORDERED February 4, 2021. _________________________________ LILES C. BURKE UNITED STATES DISTRICT JUDGE 2

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