Miller, III v. Marshall

United States District Court for the Northern District of Alabama

Miller, III v. Marshall

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

ALONZO MILLER, III, ) ) Petitioner, ) ) v. ) Case No. 2:22-cv-00552-AMM-SGC ) JOSEPH H. HEADLEY, Warden, et ) al., ) ) Respondents. )

MEMORANDUM OPINION

The magistrate judge entered a report on May 17, 2022, recommending this pro se petition for writ of habeas, filed pursuant to

28 U.S.C. § 2254

, be dismissed for lack of jurisdiction as second or successive. Doc. 3. Although the magistrate judge advised the petitioner of his right to object, the court has not received any objections. See

id.

at 3–4. After careful consideration of the record in this case and the magistrate judge’s report, the court ADOPTS the report and ACCEPTS the recommendation. Consistent with that recommendation, this matter is dismissed for lack of jurisdiction as successive. Because successiveness is the basis of this decision, a ruling on a certificate of appealability is not required. Osbourne v. Sec’y, Fla. Dep’t of Corrs.,

968 F.3d 1261

, 1264 n.3 (11th Cir. 2020). A final judgment will be entered. DONE and ORDERED this 9th day of June, 2022.

ANNA M. hans. UNITED STATES DISTRICT JUDGE

Reference

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