Sunday v. Lee County Circuit Court et al (INMATE1)
| Timothy Lee Sunday |
| Lee County Circuit Court, State of Alabama, Billy Mitchem and Troy King |
| 3:2009cv00202 |
| March 9, 2009 |
| U.S. District Court for the Middle District of Alabama |
| Habeas Corpus (General) Office |
| Limestone |
| Wallace Capel |
| Truman M. Hobbs |
| None |
| Federal Question |
| 28:2254 Petition for Writ of Habeas Corpus (State) |
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Filing
19
ORDER, JUDGMENT, and DECREE of the court that: 1. The 10 Recommendation of the Magistrate Judge is ADOPTED. 2. To the extent Sunday presents claims which substantively address federal grounds for setting aside his sexual abuse conviction, this acti on constitutes a second or successive habeas petition and, with respect to such claims, is DISMISSED in accordance with the provisions of 28 U.S.C. 2244(b)(3)(A), as Sunday has failed to obtain the requisite order from the Eleventh Circuit Court of A ppeals authorizing a federal district court to consider his successive habeas application. 3. The petitioner's Motion for Relief from Judgment under FRCP 60(b) is DENIED. 4. This case is DISMISSED with prejudice. Signed by Hon. Chief Judge Mark E. Fuller on 6/23/2009. (dmn)
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Filing
10
REPORT AND RECOMMENDATION that: 1. To the extent Sunday presents claims which substantively address federal grounds for setting aside his sexual abuse conviction, this action constitutes a second or successive habeas petition and, with respect to suc h claims, is due to be DISMISSED, in accordance with the provisions of 28 U.S.C. 2244(b)(3)(A), as Sunday 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. 2. The petitioner's motion for relief from judgment under FRCP 60(b) be DENIED. 3. This case be DISMISSED with prejudice. Objections to R&R due by 5/4/2009. Signed by Honorable Wallace Capel, Jr. on 4/21/2009. (dmn)
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