BRAY v. U.S., 04-CR-80011-HURLEEY (2016)
Court: District Court, N.D. Florida
Number: infdco20160520a68
Visitors: 23
Filed: May 19, 2016
Latest Update: May 19, 2016
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION & DIRECTING THE CLERK TO TRANSFER THE CASE DANIEL T. K. HURLEY , Senior District Judge . THIS CAUSE is before the court upon receipt of a Report and Recommendation [DE6] from the Honorable Patrick A. White, United States Magistrate Judge. The Court has reviewed the R&R and will adopt in in toto. The Court is further aware of the liberal pleading standard afforded pro se litigants, see Haines v. Kerner, 404 U.S. 519 (1972), an
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION & DIRECTING THE CLERK TO TRANSFER THE CASE DANIEL T. K. HURLEY , Senior District Judge . THIS CAUSE is before the court upon receipt of a Report and Recommendation [DE6] from the Honorable Patrick A. White, United States Magistrate Judge. The Court has reviewed the R&R and will adopt in in toto. The Court is further aware of the liberal pleading standard afforded pro se litigants, see Haines v. Kerner, 404 U.S. 519 (1972), and..
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION & DIRECTING THE CLERK TO TRANSFER THE CASE
DANIEL T. K. HURLEY, Senior District Judge.
THIS CAUSE is before the court upon receipt of a Report and Recommendation [DE6] from the Honorable Patrick A. White, United States Magistrate Judge. The Court has reviewed the R&R and will adopt in in toto. The Court is further aware of the liberal pleading standard afforded pro se litigants, see Haines v. Kerner, 404 U.S. 519 (1972), and is particularly mindful of the narrow window for consideration of claims seeking relief under the Supreme Court's decision in Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551 (2015). Accordingly, it is
ORDERED and ADJUDGED:
1. The Magistrate Judge's Report and Recommendation, dated May 16, 2016, (DE 6) is here by APPROVED AND ADOPTED in full. Movant's motion shall be treated as a motion for leave to file a second successive § 2255 motion to vacate his sentence.
2. Pursuant to 28 U.S.C. § 1631, the Clerk of this Court shall electronically transfer Movant's motion to the United States Court of Appeals for the Eleventh Circuit, Furthermore, the Clerk shall immediately provide the Movant with a form to seek authorization from the Court of Appeals to file a successive § 2255 motion.
3. This case shall be STAYED and ADMINISTRATIVELY CLOSED pending authorization from the Court of Appeals.
DONE and SIGNED.
Source: Leagle
