UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION

CHRISTOPHER ISAAC SURLES, ) ) Petitioner, ) ) v. ) Case No. 1:23-cv-00855-LSC-JHE ) WARDEN JOSEPH HEADLEY, et al., ) ) Respondents. )

MEMORANDUM OPINION

Petitioner Christopher Isaac Surles filed a pro se petition for a writ of habeas corpus pursuant to

. (Doc. 1). On August 29, 2023, the magistrate judge entered a report recommending dismissal of the petition based on the court’s lack of jurisdiction. (Doc. 10). Specifically, the magistrate concluded that under

(b)(3)(A), the court’s dismissal of Surles’s prior petition1 as time- barred deprives the court of jurisdiction to consider Surles’s second or successive petition absent authorization from the Eleventh Circuit Court of Appeals. (Doc. 10). Although the magistrate judge advised Surles of his right to file written objections within 14 days, the court has not received any objections. After careful consideration of the record in this case and the magistrate judge’s report, the court ADOPTS the report and ACCEPTS the recommendation.

1 See Surles v. Toney, No. 5:21-cv-01236-RDP-JHE (N.D. Ala. Sept. 13, 2021), Doc. 1. Consistent with that recommendation, the court finds that the petition for a writ of habeas corpus (doc. 1) is due to be dismissed based on the court’s lack of jurisdiction under

(b)(3)(A). Because this matter will be dismissed as successive, a ruling on a certificate of appealability is not required. Osbourne vy. Sec’y, Fla. Dep’t of Corr.,

, 1264 n.3 (11th Cir. 2020). A Final Judgment will be entered. DONE and ORDERED on September 19, 2023. XS

United States District Judge 160704