Mitchell v. Byars, No. 4:2013cv00470 - Document 22 (D.S.C. 2013)

Court Description: ORDER. The court affirms its Opinion and Order 17 filed April 29, 2013. Signed by Honorable Cameron McGowan Currie on 04/30/2013. (dsto, )

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Mitchell v. Byars Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Robert L. Mitchell, #140920, ) ) Petitioner, ) ) v. ) ) Warden, Broad River Correctional ) Institution, ) ) Respondent. ) ___________________________________ ) C/A NO. 4:13-470-CMC-TER OPINION and ORDER This matter is before the court on the pro se application for writ of habeas corpus, filed in this court pursuant to 28 U.S.C. § 2254. On April 29, 2013, this court adopted the Report and Recommendation of the United States Magistrate Judge and dismissed the petition as successive. See Opinion and Order, ECF No. 17. After the Clerk entered Judgment, Petitioner’s objections were received for filing. Petitioner’s objections were received by prison mailroom personnel on April 25, 2013. See ECF No. 20-2. Accordingly, the objections were timely filed. See Houston v. Lack, 487 U.S. 266 (1988). Therefore, after conducting a de novo review of the record as to the objections made, and considering Petitioner’s objections, the applicable law, the record, and the Report and Recommendation of the Magistrate Judge, the court affirms its Opinion and Order entered April 29. 2013. Despite Petitioner’s contentions to the contrary, this petition for writ of habeas corpus is a second or successive petition which, absent an order from the Fourth Circuit Court of Appeals, this court has no jurisdiction to entertain. 1 Dockets.Justia.com Therefore, the court affirms its Opinion and Order filed April 29, 2013. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE Columbia, South Carolina April 30, 2013 2

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