Alexander v. Calloway
Alexander v. Calloway
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
DEMITRIUS WAYNE ) ALEXANDER, ) ) Petitioner, ) ) v. ) Case No. 2:22-cv-882-LCB-SGC ) WARDEN CALLOWAY, et al., ) ) Respondents. )
ORDER
Demitrius Wayne Alexander brings this suit seeking a writ of habeas corpus under
28 U.S.C. § 2254. (Doc. 1 at 1). In his petition, Alexander challenges his 2014 murder conviction and his accompanying 99-year sentence imposed by the Circuit Court of Jefferson County, Alabama.
Id.On July 27, 2022, United States Magistrate Judge Staci G. Cornelius recommended that Alexander’s petition be dismissed for lack of jurisdiction. (Doc. 4 at 2). Judge Cornelius reasoned that: (1) Alexander previously filed a § 2254 petition challenging his 2014 murder conviction; (2) his previous petition was denied;1 and (3) he has failed to obtain circuit-court authorization to file a successive § 2254 petition under
28 U.S.C. § 2244(b)(3)(A).
Id.at 1–2. Alexander has filed no objection to Judge Cornelius’s recommendation.
1 Alexander v. Headley, No. 2:19-cv-00930-RDP-SGC,
2020 WL 1235193, at *3 (N.D. Ala. Mar. 12, 2020). Having conducted a de novo review of the entire record, the Court ADOPTS Judge Cornelius’s recommendation (Doc. 4); DISMISSES Alexander’s instant § 2254 petition (Doc. 1) without prejudice under § 2244(b)(3)(A); DENIES Alexander’s motion to proceed in forma pauperis (Doc. 2) as moot; and DIRECTS the Clerk of Court to close this case. DONE and ORDERED August 19, 2022.
□ SZ Sha LILES C. BURKE UNITED STATES DISTRICT JUDGE
Reference
- Status
- Unknown