Cooper v. Alabama, State of et al, No. 2:2021cv01387 - Document 6 (N.D. Ala. 2022)
Court Description: MEMORANDUM OPINION - Having carefully reviewed and considered de novo all the materials in the court file, including the magistrate judge's report and recommendation, the court ADOPTS the magistrate judge's findings and ACCEPTS his recommendation. Mr. Cooper's petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. A separate Order will be entered. Signed by Judge Anna M Manasco on 1/31/2022. (KEK)
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Cooper v. Alabama, State of et al Doc. 6 FILED 2022 Jan-31 PM 01:04 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DEANDRE COOPER, Petitioner, v. STATE OF ALABAMA, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. 2:21-cv-01387-AMM-HNJ MEMORANDUM OPINION Deandre Cooper, an Alabama state prisoner, filed this habeas corpus action pro se pursuant to 28 U.S.C. § 2254. Doc. 1. On December 9, 2021, the magistrate judge entered a report and recommendation that this action be dismissed without prejudice for lack of jurisdiction, because Mr. Cooper’s petition amounts to a successive § 2254 application for which he lacks authorization from the Eleventh Circuit, as required by 28 U.S.C. § 2244(b)(3)(A). Doc. 5. Although the magistrate judge advised Mr. Cooper of his right to file objections within fourteen days, no objections have been received by the court and the time for filing 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 ADOPTS the magistrate judge’s findings and ACCEPTS his recommendation. Mr. Dockets.Justia.com Cooper’s petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. A separate Order will be entered. The court does not rule on a certificate of appealability (“COA”) because a COA is unnecessary when dismissing a case as successive. See Osbourne v. Sec’y, Fla. Dep’t of Corrs., 968 F.3d 1261, 1264 n.3 (11th Cir. 2020) (“Although generally appeals from § 2254 proceedings require a certificate of appealability (“COA”), no COA is necessary to appeal the dismissal for lack of subject matter jurisdiction of a successive habeas petition because such orders are not ‘a final order in a habeas corpus proceeding.’” (citing Hubbard v. Campbell, 379 F.3d 1245, 1247 (11th Cir. 2004))). DONE and ORDERED this 31st day of January, 2022. _________________________________ ANNA M. MANASCO UNITED STATES DISTRICT JUDGE 2
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