Marks v. U.S., 14-00054-CG-M. (2019)
Court: District Court, S.D. Alabama
Number: infdco20190411a55
Visitors: 8
Filed: Apr. 09, 2019
Latest Update: Apr. 09, 2019
Summary: ORDER CALLIE V.S. GRANADE , Senior District Judge . After due and proper consideration of the issues raised, and there having been no objections filed, 1 the Report and Recommendations (Doc. 405) of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B)-(C), Rule 8(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts, and S.D. Ala. GenLR 72(a)(2)(R), and dated March 7, 2019, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that
Summary: ORDER CALLIE V.S. GRANADE , Senior District Judge . After due and proper consideration of the issues raised, and there having been no objections filed, 1 the Report and Recommendations (Doc. 405) of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B)-(C), Rule 8(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts, and S.D. Ala. GenLR 72(a)(2)(R), and dated March 7, 2019, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that M..
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ORDER
CALLIE V.S. GRANADE, Senior District Judge.
After due and proper consideration of the issues raised, and there having been no objections filed,1 the Report and Recommendations (Doc. 405) of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B)-(C), Rule 8(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts, and S.D. Ala. GenLR 72(a)(2)(R), and dated March 7, 2019, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Movant Jeri Michelle Marks's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 dated February 25, 2019 (Doc. 402), is DISMISSED without prejudice for lack of jurisdiction. Further, the Court certifies that any appeal by Marks of the dismissal of her second or successive § 2255 motion would be without merit and therefore not taken in good faith. Thus, she is not entitled proceed in forma pauperis on appeal of this decision.
DONE and ORDERED.
FootNotes
1. The Defendant, in her Response to Report and Recommendation (Doc. 406), advised that she accepts the recommendation of the Magistrate Judge.
Source: Leagle
