JOHN E. STEELE, District Judge.
This matter comes before the Court on petitioner's Motion to Vacate, Set Aside, or Correct Sentence (Cv. Doc. #1; Cr. Doc. #321)
On May 30, 1995, a federal grand jury in Fort Myers, Florida returned a one-count Indictment (Cr. Doc. #1) charging petitioner with knowingly possessing in and affecting commerce a firearm after having been convicted of a felony. On March 5, 1996, the Court sentenced petitioner to a term of imprisonment of 262 months, to be followed by a term of supervised release. (Cr. Doc. #58.) An Amended Judgment (Cr. Doc. #70) was issued on April 16, 1996, to grant petitioner credit for time served from April 5, 1995.
On July 12, 1996, petitioner file a Motion Under 28 U.S.C. Section 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Cr. Doc. #73).
On January 2, 2001, the Eleventh Circuit affirmed petitioner's conviction and sentence. (Cr. Doc. #145.) On June 4, 2001, the Court granted petitioner's Motion for Voluntary Dismissal (Cr. Doc. #156) of his Motion for Void Judgment for Lack of Jurisdiction (Cr. Doc. #152), construed as a motion pursuant to 28 U.S.C. § 2255 in the same civil case, Case No. 2:96-cv-251-FTM-29. (Cr. Doc. #157.)
On July 9, 2001, petitioner filed a Motion Under 28 U.S.C. Section 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Cr. Doc. #163) and the government was directed to file a response. On April 9, 2002, petitioner's Motion was denied and the Clerk was directed to enter judgment. (Cr. Doc. #185.) Petitioner filed a Notice of Appeal, and on July 3, 2002, the Eleventh Circuit dismissed the appeal. (Cr. Doc. #191.) On November 29, 2004, the Eleventh Circuit denied leave to file a second or successive motion under 28 U.S.C. § 2255. (Cr. Doc. #193.)
Over the years, petitioner continued to file several miscellaneous motions for reduction of his sentence. Of relevance, on April 27, 2005, the Court issued an Opinion and Order (Cr. Doc. #199) denying petitioner's Motion for Reduction of Sentence Pursuant to 18 U.S.C. § 3582(c)(2); on November 15, 2005, the Court issued an Opinion and Order (Cr. Doc. #209) dismissing petitioner's Motion to Reduce Pursuant to 18 U.S.C. 3582 for lack of jurisdiction; on January 18, 2007, the Court issued an Opinion and Order (Cr. Doc. #249) dismissing petitioner's Motion for Lack of Subject-Matter Jurisdiction, and denying in the alternative; on January 5, 2011, the Court issued an Order (Cr. Doc. #300) denying petitioner's Motion for Void Judgment for Lack of Subject Matter Jurisdiction for lack of jurisdiction, and denying in the alternative; and on April 1, 2011, the Court issued an Order (Cr. Doc. #308) denying petitioner's Motion for Dismissal or to Quash Indictment for Fraud. On May 5, 2014, petitioner filed his 2255 Motion pursuant to 28 U.S.C. 2255(f)(3).
To file a second or successive Motion under Section 2255, petitioner must obtain certification from the Eleventh Circuit Court of Appeals. 28 U.S.C. § 2255(h)
As the record reflects no such authorization, the Motion must be dismissed, and the Court need not address whether the motion may be considered under 28 U.S.C. § 2255(f)(3).
Accordingly, it is hereby
1. Petitioner's Motion Under 28 U.S.C. Section 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Cv. Doc. #1; Cr. Doc. #321) is
2. The Clerk of the Court shall enter judgment accordingly and close the civil file. The Clerk is further directed to place a copy of the civil Judgment in the criminal file.
Finally, because Petitioner is not entitled to a certificate of appealability, he is not entitled to appeal in forma pauperis.
28 U.S.C. § 2255(h).