Smith v. Forniss et al (INMATE 1)
3:2005cv00868 |
September 9, 2005 |
US District Court for the Middle District of Alabama |
Opelika Office |
W. Harold Albritton |
Charles S. Coody |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
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Filing 5 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by John Will Smith, it is the Recommendation of the undersigned Mag. Judge that: 1) The 28 U.S.C. 2254 petition for habeas corpus relief filed by John Will Smith on 9/7/05 be denied; 2) This cause of action be dismissed in accordance with the provisions of 28 U.S.C. 2244(b)(3)(A) as the petitioner has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider a successive habeas application. Objections to R&R due by 10/5/2005. Signed by Judge Charles S. Coody on 9/21/05. (vmc, ) |
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