Filed: Aug. 19, 2013
Latest Update: Aug. 19, 2013
Summary: ORDER LACEY A. COLLIER, Senior District Judge. This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated August 1, 2013 (doc. 346). Defendant has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of the objections filed. Having considered the Report and Recommendation, and the timely filed objec
Summary: ORDER LACEY A. COLLIER, Senior District Judge. This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated August 1, 2013 (doc. 346). Defendant has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of the objections filed. Having considered the Report and Recommendation, and the timely filed object..
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ORDER
LACEY A. COLLIER, Senior District Judge.
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated August 1, 2013 (doc. 346). Defendant has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of the objections filed.
Having considered the Report and Recommendation, and the timely filed objections thereto, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's order denying defendant's "Motion for Declaratory Judgment Acknowledging Jurisdiction of 28 U.S.C.§ 2255(f)(3) and Procedures under 28 U.S.C. § 2244 Being Unnecessary" (doc. 345) is AFFIRMED.
2. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
3. Defendant's motion to vacate pursuant to 28 U.S.C. § 2255 (doc. 344), is SUMMARILY DISMISSED, as this court lacks jurisdiction to consider a successive motion absent authorization from the Eleventh Circuit.
4. A certificate of appealability is DENIED.
DONE AND ORDERED.
