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08-415 - McConico v. Alabama Board of Pardons and Paroles et al (INMATE3)


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08-415 - McConico v. Alabama Board of Pardons and Paroles et al (INMATE3)
July 14, 2008
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by James McConico, Jr.; it is the Recommendation of the undersigned Mag Judge that: 1) The instant petition for habeas corpus relief filed by McConico be denied; 2) This cause of action be dismissed in accordance with the provisions of 28 USC 2244(b)(3)(A), as McConico 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 7/28/2008. Signed by Honorable Wallace Capel, Jr on 7/14/08. (vma, )
August 13, 2008
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ORDER ADOPTING 12 Report and Recommendations, the petition for habeas corpus relief 1 is dismissed in accordance with the provisions of 28 USC 2244(b)(3)(A), because petitioner 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,. Signed by Honorable Myron H. Thompson on 8/13/08. (Attachments: # (1) appeal checklist)(vma, )
August 13, 2008
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JUDGMENT that this case is dismissed without prejudice; 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 FRCP.. Signed by Honorable Myron H. Thompson on 8/13/08. (Attachments: # (1) appeals checklist)(vma, )