Williams v. Warden Rosalez, No. 1:2022cv00058 - Document 4 (S.D. Ala. 2022)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING 3 REPORT AND RECOMMENDATIONS. It is ORDERED that Terrance D. Williams' petition for a writ of habeas corpus under 28 U.S.C. § 2254 1 is DISMISSED without prejudice for lack of jurisdiction a s an unauthorized successive habeas petition. The Court further certifies that any appeal by Williams of this dismissal would be without merit and not taken in good faith. Thus, Williams is not entitled to either a Certificate of Appealability or to appeal in forma pauperis. Signed by District Judge Terry F. Moorer on 6/9/2022. Copy to petitioner. (fz)

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Williams v. Warden Rosalez Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TERRANCE D. WILLIAMS, BOP # 06406-003, AIS # 00240169 Petitioner, vs. WARDEN ROSALEZ, Respondent. ) ) ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:22-cv-58-TFM-N MEMORANDUM OPINION AND ORDER On April 20, 2022, the Magistrate Judge entered a Report and Recommendation which recommends this petition brought under 28 U.S.C. § 2254 be dismissed without prejudice for lack of jurisdiction. See Doc. 3. No objections were filed. Accordingly, after due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. Therefore, it is ORDERED that Terrance D. Williams’ petition for a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 1) is DISMISSED without prejudice for lack of jurisdiction as an unauthorized successive habeas petition. The Court further certifies that any appeal by Williams of this dismissal would be without merit and not taken in good faith. Thus, Williams is not entitled to either a Certificate of Appealability or to appeal in forma pauperis. Final judgment shall issue separately in accordance with this order and Federal Rule of Civil Procedure 58. DONE and ORDERED this 9th day of June, 2022. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 1 of 1 Dockets.Justia.com

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