Opinion
Civil Action No. 01-0075-CB-M.
February 21, 2001.
ORDER
This matter is before the Court on Petitioner's objection to the Magistrate Judge's Report and Recommendation. The Magistrate Judge recommends that the instant habeas corpus petition filed pursuant to 28 U.S.C. § 2254 be dismissed because Petitioner had earlier filed an identical petition which is currently pending. Petitioner objects, asserting that the earlier petition has been deemed "moot." First, it should be noted that a prisoner may not file second or successive petition raising issues which were raised in a prior petition unless he first obtains permission from the appellate court. See 28 U.S.C. § 2244 (b)(1). Moreover, even assuming, arguendo, petitioner could file a second petition after the first was deemed "moot," his factual assertions are incorrect. His earlier petition, Civil Action 00-0471-BH-C, has neither been declared moot nor dismissed but, instead, remains pending and active.
The Report and Recommendation of the Magistrate Judge is hereby ADOPTED as the opinion of this Court. The instant habeas petition is duplicative and is, therefore, DISMISSED.
DONE and ORDERED this the 21 day of February, 2001.