Opinion
Civil Action 2:21-CV-00282
04-08-2022
TOMMY ALLEN O'NEAL, Petitioner, v. BOBBY LUMPKIN, Respondent.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
DAVID S. MORALES UNITED STATES DISTRICT JUDGE
Before the Court is Magistrate Judge Julie Hampton's Memorandum and Recommendation (M&R). (D.E. 10). The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge's M&R. See U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); General Order No. 2002-13. Petitioner filed what appears as, and what the Court liberally construes as, objections to the M&R. (D.E. 13). Having carefully reviewed the proposed findings and conclusions of the M&R, the record, the applicable law, and having made a de novo review of the portions of the M&R to which the Petitioner's objections were directed, 28 U.S.C. § 636(b)(1), the Court OVERRULES Petitioner's objections (D.E. 13). Accordingly:
(1) The Court ADOPTS the M&R in its entirety. (D.E. 10).
(2) Petitioner's habeas corpus petition (D.E. 1), filed pursuant to 28 U.S.C. § 2254, is DISMISSED without prejudice prior to service pursuant to the screening provisions in Rule 4 of the Rules Governing Section 2254 Cases. It is plain from the petition and attached exhibits that the petition is second or successive.
(3) A Certificate of Appealability is DENIED. See 28 U.S.C. § 2253(c).
A final judgement will be entered separately.
SO ORDERED.