Davis v. Estes et al, No. 5:2018cv01617 - Document 11 (N.D. Ala. 2021)

Court Description: MEMORANDUM OPINION. Signed by Judge R David Proctor on 6/15/2021. (KAM)

Download PDF
Davis v. Estes et al Doc. 11 FILED 2021 Jun-15 PM 02:03 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION WILLIAM EARL DAVIS, Petitioner, v. WARDEN DEBORAH TONEY, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. 5:18-cv-1617-RDP-SGC MEMORANDUM OPINION The Magistrate Judge entered a Report and Recommendation on May 25, 2021, recommending the court dismiss Petitioner William Earl Davis’ petition for a writ of habeas corpus as successive pursuant to 28 U.S.C. § 2244(b)(3)(A). (Doc. 10). Although the Magistrate Judge advised Davis of his right to file objections to the Report and Recommendation within 14 days, the court has not received objections. 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 Report and ACCEPTS her Recommendation. Davis’ 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 file a successive habeas petition. See 28 U.S.C. § 2244(b)(3)(A). Generally, a petitioner seeking to appeal from § 2254 proceedings must first obtain a certificate of appealability (“COA”). See 28 U.S.C. § 2253(c). However, no COA is necessary to appeal a district court’s dismissal of a successive habeas petition for lack of subject matter jurisdiction because such order is not a “final order in a habeas corpus proceeding.” Osbourne v. Sec’y, Fla. Dep’t of Corr., 968 F.3d 1261, 1264 n.3 (11th Cir. 2020) (quoting 28 U.S.C. § 2253(c)(1)(A)); see Hubbard v. Campbell, 379 F.3d 1245, 1247 (11th Cir. 2004)). Rather, the Dockets.Justia.com dismissal is a “final decision” pursuant to 28 U.S.C. § 1291. See Osbourne, 968 F.3d at 1264 n.3. The court will enter a separate order. DONE and ORDERED this June 15, 2021. _________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.