Arnold v. Singleton ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION RICKY D. ARNOLD, Plaintiff, CIVIL ACTION NO.: 4:20-cv-113 v. ARTIS SINGLETON, Warden Defendant. ORDER After a careful de novo review of the entire record, the Court concurs with the Magistrate Judge's May 26, 2020, Report and Recommendation, (doc. 4), to which no objections have been filed. This is petitioner’s second attempt to seek habeas relief under 28 U.S.C. § 2254. As explained by the Magistrate Judge, this Court lacks jurisdiction to consider a successive § 2254 petition until petitioner seeks and receives authorization from the Eleventh Circuit Court of Appeals. (See, doc. 3 at 2—3; citing Insignares v. Sec’y, Fla. Dep’t of Corr., 755 F.3d 1273, 1278 (11th Cir. 2014)). As explained by the Magistrate Judge, as the petition is unquestionably untimely, any effort to reconstrue it as a motion for § 2244(b)(3)(A) would be fruitless. (Doc. 3 at 3). As petitioner has not been granted authorization by the Eleventh Circuit to pursue this petition, the Court ADOPTS the Report and Recommendation as its opinion. (Doc. 3). The petition is DISMISSED WITH PREJUDICE and the Clerk of Court is DIRECTED to CLOSE this case. SO ORDERED, this 21st day of December, 2020. R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA