IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
TOMMY J. BOLDIN, #142 961
JAMES DELOACH, WARDEN, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Petitioner, Tommy Boldin, is currently confined at the Draper Correctional Facility in Elmore,
Alabama. He files this writ of habeas corpus seeking to challenge his 1986 conviction for attempted
murder entered against him by the Circuit Court for Montgomery County, Alabama. Petitioner is
serving a 30 year term of imprisonment for this conviction. (Doc. No. 1.)
The instant petition represents another challenge to the merits of Petitioner’s 1986 conviction.
Petitioner previously filed a habeas corpus application on February 27, 2004. This court denied and
dismissed the petition as successive on April 6, 2004. See Boldin v. DeLoach, Civil Action No. 2:04-
CV-180-WHA (M.D. Ala. 2004). On April 30, 1996, this court denied and dismissed as successive
a habeas application file by Petitioner on November 22, 1995. (See Boldin v. Jones, Civil Action No.
2:96-1500-WHA (M.D. Ala. 1996).
Petitioner may file a second or successive habeas corpus petition only if he has moved the
appropriate circuit court for an order authorizing the district court to consider his application. See
Case 2:06-cv-00805-MEF-DRB Document 4 Filed 09/08/2006 Page 1 of 3
Boldin v. Deloach et al ( INMATE 2 )
28 U.S.C. § 2244(b)(3)(B) provides, as amended, that: "[A] motion in the court of
appeals for an order authorizing the district court to consider a second or successive application
shall be determined by a three-judge panel of the court of appeals."
28 U.S.C. § 2244(b)(3)(A) provides that "[b]efore a second or successive application permitted
by this section is filed in