Gardner v. McNeil

Full title: SAMUEL J GARDNER, Petitioner, v. WALTER A McNEIL, Respondent

Court: United States District Court, N.D. Florida, Tallahassee Division

Date published: Jul 28, 2008

CASE NO. 4:08-cv-00118-MP-EMT (N.D. Fla. Jul. 28, 2008)

Opinion

CASE NO. 4:08-cv-00118-MP-EMT.

July 28, 2008

ORDER

MAURICE PAUL, Senior District Judge

This matter is before the Court on the Report and Recommendation of the Magistrate Judge, recommending that this case be dismissed as a successive petition without permission of the Eleventh Circuit. The time for filing objections has passed, and none have been filed. The Court agrees that this the failure to obtain prior permission of the Eleventh Circuit deprives this Court of jurisdiction to hear this case. Accordingly, it is hereby

ORDERED AND ADJUDGED:

1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein.

2. This action is dismissed without prejudice, and the clerk is directed to close the file.

DONE AND ORDERED