IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
TERRY LEON CARR, #142 607
ARNOLD M. HOLT, WARDEN, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Petitioner, Terry Carr, is currently confined at the Bullock Correctional Facility
located in Union Springs, Alabama. He files in this court an application seeking the issuance
of a writ of habeas corpus. He seeks once again to challenge his 1985 conviction for murder
entered against him by the Circuit Court for Lee County, Alabama. Petitioner is serving a
life sentence for this conviction. (Doc. No. 1.)
The instant petition represents another attempt by Petitioner at challenging his 1985
conviction. Petitioner’s most recent federal habeas petition, filed on June 20, 2006, was
denied and dismissed as successive on June 30, 2006. See Carr v. State of Alabama, Civil
Action No. 3:06-CV-547-MHT (M.D. Ala. 2006); see also Carr v. Holt, Civil Action No.
3:03-CV-966-WHA (M.D. Ala. 2003); Carr v. DeLoach, Civil Action No. 3:96-CV-1133-
WHA (M.D. Ala. 1996); Carr v. DeLoach, Civil Action No. 3:94-CV-366-ID (M.D.
Case 3:06-cv-00844-MEF-DRB Document 3 Filed 09/28/2006 Page 1 of 4
Carr v. Holt 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 the district court, the applicant shall move in the appropriate court of appeals for
an order authorizing the district court to consider the application." (emphasis added).