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16-981 - White v. Myers et al (INMATE 3)


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16-981 - White v. Myers et al (INMATE 3)
December 21, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE that Whites petition for writ of habeas corpus under 28 U.S.C. § 2254 be DISMISSED in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A) as White has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing a federal district court to consider his successive habeas application. Objections to R&R due by 1/4/2017. Signed by Honorable Judge Wallace Capel, Jr on 12/21/2016. (kh, )
January 10, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 1/10/2017. (kh, )
January 10, 2017
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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court that: (1) The United States Magistrate Judge's recommendation (doc. no. 7) is adopted. (2) The petition for writ of habeas corpus (doc. no. 1) is dismissed because the required permission has not been obtained from the Eleventh Circuit Court of Appeals. It is further ORDERED that costs are taxed against petitioner, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge Myron H. Thompson on 1/10/2017. (Attachments: # (1) Civil Appeals Checklist)(kh, )