Filed: Sep. 28, 2015
Latest Update: Sep. 28, 2015
Summary: FINAL REPORT AND RECOMMENDATION CATHERINE M. SALINAS , Magistrate Judge . Federal inmate Oginga Kai Edwards has filed a "Motion Asking Court[']s Permission to File Second + Successive 2255 Vacate Sentence" [70] in which he alleges that United States Supreme Court decisions handed down since his earlier motion to vacate his sentence was denied in 2010 [68, 69] now entitle him to relief. Because permission to file a second or successive motion must be sought and received from "a panel of t
Summary: FINAL REPORT AND RECOMMENDATION CATHERINE M. SALINAS , Magistrate Judge . Federal inmate Oginga Kai Edwards has filed a "Motion Asking Court[']s Permission to File Second + Successive 2255 Vacate Sentence" [70] in which he alleges that United States Supreme Court decisions handed down since his earlier motion to vacate his sentence was denied in 2010 [68, 69] now entitle him to relief. Because permission to file a second or successive motion must be sought and received from "a panel of th..
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FINAL REPORT AND RECOMMENDATION
CATHERINE M. SALINAS, Magistrate Judge.
Federal inmate Oginga Kai Edwards has filed a "Motion Asking Court[']s Permission to File Second + Successive 2255 Vacate Sentence" [70] in which he alleges that United States Supreme Court decisions handed down since his earlier motion to vacate his sentence was denied in 2010 [68, 69] now entitle him to relief.
Because permission to file a second or successive motion must be sought and received from "a panel of the appropriate court of appeals," 28 U.S.C. § 2255(h), rather than this Court, the undersigned RECOMMENDS that Mr. Edwards' motion [70] be DENIED WITHOUT PREJUDICE.
The undersigned further RECOMMENDS that Mr. Edwards' accompanying "Motion to Proceed In Forma Paup[er]is" [71] be DENIED AS MOOT.
Finally, to the extent that this Court must grant or deny a Certificate of Appealability, the undersigned RECOMMENDS that a Certificate of Appealability be DENIED because Mr. Edwards has not demonstrated that he meets the requisite standard. See Slack v. McDaniel, 529 U.S. 473, 484 (2000) (emphasis added); see also Spencer v. United States, 773 F.3d 1132, 1138 (11th Cir. 2014) (en banc).
The Clerk is DIRECTED to terminate the referral of this case to the undersigned.
SO RECOMMENDED AND DIRECTED.
