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USA v. Zamora, 1:05-CR-0250-WSD-JFK-5 (2017)

Court: District Court, N.D. Georgia Number: infdco20171017a29 Visitors: 19
Filed: Sep. 19, 2017
Latest Update: Sep. 19, 2017
Summary: MAGISTRATE JUDGE'S FINAL ORDER AND FINAL REPORT AND RECOMMENDATION MOTION TO VACATE 28 U.S.C. 2255. JANET F. KING , Magistrate Judge . The matter is before the Court on Movant's 28 U.S.C. 2255 motion, filed August 28, 2017 [315], and his request for judicial notice of certain facts in support of the 2255 motion [316]. In June 2009, the Court denied Movant's original 2255 motion challenging his conviction under the above criminal docket number. (Order of June 22, 2009, ECF No. 231
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MAGISTRATE JUDGE'S FINAL ORDER AND FINAL REPORT AND RECOMMENDATION

MOTION TO VACATE 28 U.S.C. § 2255.

The matter is before the Court on Movant's 28 U.S.C. § 2255 motion, filed August 28, 2017 [315], and his request for judicial notice of certain facts in support of the § 2255 motion [316].

In June 2009, the Court denied Movant's original § 2255 motion challenging his conviction under the above criminal docket number. (Order of June 22, 2009, ECF No. 231). This is a successive § 2255 motion which must be dismissed because the Court has no authority to consider it. Movant first must get permission from the Eleventh Circuit Court of Appeals before a successive § 2255 motion can be filed in the district court. See 28 U.S.C. § 2255(h); Farris v. United States, 333 F.3d 1211, 1216 (11th Cir. 2003). A certificate of appealability is not warranted because it is not debatable that Movant must obtain permission from the Eleventh Circuit Court of Appeals before filing another § 2255 motion in this Court. See Rules Governing Section 2255 Proceedings for the United States District Courts, Rule 11.

Accordingly,

IT IS RECOMMENDED that this § 2255 motion [315] be DISMISSED and that a certificate of appealability be DENIED.

IT IS ORDERED that Plaintiff's request for judicial notice [316] is DENIED as moot.

The Clerk of Court is DIRECTED to withdraw the referral of this § 2255 motion to the undersigned Magistrate Judge.

IT IS SO ORDERED, RECOMMENDED, and DIRECTED.

Source:  Leagle

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