BARMORE v. U.S., 1:13-CV-3791-ODE-JSA. (2014)
Court: District Court, N.D. Georgia
Number: infdco20140613959
Visitors: 5
Filed: Jun. 11, 2014
Latest Update: Jun. 11, 2014
Summary: ORDER ORINDA D. EVANS, District Judge. This criminal case is before the Court on the Final Report and Recommendation of United States Magistrate Judge Justin S. Anand filed May 1, 2014 ("R&R") [Doc. 186]. No objections have been filed. In the R&R, the Magistrate Judge recommends that the Government's motion to dismiss be granted, that Movant's 2255 motion be dismissed for lack of jurisdiction, and that a certificate of appealability be denied. Specifically, the Magistrate Judge found that t
Summary: ORDER ORINDA D. EVANS, District Judge. This criminal case is before the Court on the Final Report and Recommendation of United States Magistrate Judge Justin S. Anand filed May 1, 2014 ("R&R") [Doc. 186]. No objections have been filed. In the R&R, the Magistrate Judge recommends that the Government's motion to dismiss be granted, that Movant's 2255 motion be dismissed for lack of jurisdiction, and that a certificate of appealability be denied. Specifically, the Magistrate Judge found that th..
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ORDER
ORINDA D. EVANS, District Judge.
This criminal case is before the Court on the Final Report and Recommendation of United States Magistrate Judge Justin S. Anand filed May 1, 2014 ("R&R") [Doc. 186]. No objections have been filed.
In the R&R, the Magistrate Judge recommends that the Government's motion to dismiss be granted, that Movant's § 2255 motion be dismissed for lack of jurisdiction, and that a certificate of appealability be denied. Specifically, the Magistrate Judge found that the instant § 2255 is Movant's third such motion before this Court and there is no indication Movant has obtained authorization from the United States Court of Appeals for the Eleventh Circuit allowing him to file a second or successive § 2255 motion, much less a third one.
The Court having read and considered the R&R and noting the absence of any objections, it is hereby ADOPTED as the opinion and order of the Court. For the reasons set forth in the R&R, the Government's motion to dismiss [Doc. 182] is GRANTED, Movant's § 2255 motion [Doc. 174] is DISMISSED for lack of jurisdiction, and a Certificate of Appealability is DENIED.
SO ORDERED.
Source: Leagle
