Opinion
CIVIL ACTION NO. 15-12890-RGS
08-24-2016
ALEX RANKINS, Petitioner v. KELLY RYAN, Superintendent, Respondent
ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
I agree with Magistrate Judge Dein's determination that petitioner Rankins has filed a second or successive petition filed without the required authorization of the Court of Appeals. See 28 U.S.C. § 2244(b)(3)(A). Without such authorization, this court lacks jurisdiction to entertain the petition. Burton v. Stewart, 549 U.S. 147, 157 (2007). I also agree with the Magistrate Judge's conclusion that the petition is untimely under the one-year limitations period mandated by 28 U.S.C. § 2244(d)(1), and that no exception applies. Finally, for the reason stated by the Magistrate Judge, namely futility, the petition will be dismissed rather than transferred to the Court of Appeals.
Petitioner's objections to the Report and Recommendation make no arguments that were not considered by the Magistrate Judge, as reflected in her Report. --------
Consequently, the Recommendation is ADOPTED and the petition is DISMISSED with prejudice. Any request for the issuance of a Certificate of Appealability pursuant to 28 U.S.C. § 2253 is DENIED, the court seeing no meritorious or substantial basis supporting an appeal. The Clerk is instructed to close the case.
SO ORDERED.
/s/ Richard G. Stearns
UNITED STATES DISTRICT JUDGE