U.S. v. Horton, 1:11-CR-427-1-TWT. (2018)
Court: District Court, N.D. Georgia
Number: infdco20181126969
Visitors: 12
Filed: Nov. 20, 2018
Latest Update: Nov. 20, 2018
Summary: ORDER THOMAS W. THRASH, JR. , District Judge . This is a criminal action. It is before the Court on the Report and Recommendation [Doc. 342] of the Magistrate Judge recommending dismissing the Defendant's Motion to Vacate Sentence [Doc. 341]. The Defendant's Objections to the Report and Recommendation are entirely without merit. The Defendant's Motion to Vacate Sentence is clearly a successive Petition and the Defendant was required to have permission from the Court of Appeals before filing
Summary: ORDER THOMAS W. THRASH, JR. , District Judge . This is a criminal action. It is before the Court on the Report and Recommendation [Doc. 342] of the Magistrate Judge recommending dismissing the Defendant's Motion to Vacate Sentence [Doc. 341]. The Defendant's Objections to the Report and Recommendation are entirely without merit. The Defendant's Motion to Vacate Sentence is clearly a successive Petition and the Defendant was required to have permission from the Court of Appeals before filing ..
More
ORDER
THOMAS W. THRASH, JR., District Judge.
This is a criminal action. It is before the Court on the Report and Recommendation [Doc. 342] of the Magistrate Judge recommending dismissing the Defendant's Motion to Vacate Sentence [Doc. 341]. The Defendant's Objections to the Report and Recommendation are entirely without merit. The Defendant's Motion to Vacate Sentence is clearly a successive Petition and the Defendant was required to have permission from the Court of Appeals before filing it. The permission requirement is not in any way dependent upon whether the successive Petition makes the same or different claims. That is why the Report and Recommendation is so short. The Defendant's claim that the Court lacks subject matter jurisdiction is frivolous. The Defendant's Motion to Vacate Sentence [Doc. 341] is DENIED. No Certificate of Appealability will be issued.
SO ORDERED.
Source: Leagle
