Archer v. Estes et al, No. 5:2017cv00250 - Document 37 (N.D. Ala. 2020)
Court Description: MEMORANDUM OPINION ADOPTING and ACCEPTING the 36 Magistrate Judge's Report and Recommendation. Signed by Judge Karon O Bowdre on 3/12/2020. (JLC)
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Archer v. Estes et al Doc. 37 FILED 2020 Mar-12 AM 11:30 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION MARK DAVID ARCHER, Petitioner, v. WARDEN DEWAYNE ESTES, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No.: 5:17-cv-00250-KOB-SGC MEMORANDUM OPINION On February 11, 2020, the magistrate judge entered a report, recommending this petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, be dismissed without prejudice because it is successive and lacks the requisite appellate court authorization. (Doc. 36). The magistrate judge further recommended a certificate of appealability be denied. Although the parties were advised of their right to file specific written objections within fourteen days, the court received no objections. After careful consideration of the record in this case and the magistrate judge’s report, the court ADOPTS the report of the magistrate judge and ACCEPTS her recommendation. In accordance with the recommendation, the court finds the petition is due to be dismissed without prejudice because it is successive and lacks the requisite appellate court authorization. The court further finds a certificate of Dockets.Justia.com appealability is due to be denied. A separate order will be entered. DONE and ORDERED this 12th day of March, 2020. ____________________________________ KARON OWEN BOWDRE UNITED STATES DISTRICT JUDGE 2
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