Witherspoon v. United States of America, 14-22312-CIV-SEITZ. (2018)
Court: District Court, N.D. Florida
Number: infdco20180111b10
Visitors: 9
Filed: Jan. 09, 2018
Latest Update: Jan. 09, 2018
Summary: ORDER DENYING MOTIONS AS UNAUTHORIZED SUCCESSIVE $2255 PETITION AND CLOSING CASE PATRICIA A. SEITZ , District Judge . THIS MATTER is before the Court sua sponte. On July 13, 2016, this Court entered its Order Transferring Case to Court of Appeals [DE-25]. In that Order, this Court noted that Petitioner's motion for reconsideration [DE-9], motion to amend with supplemental authority pursuant to Johnson v. United States [DE-12], and motion for leave to file a reply [DE-18] constituted a
Summary: ORDER DENYING MOTIONS AS UNAUTHORIZED SUCCESSIVE $2255 PETITION AND CLOSING CASE PATRICIA A. SEITZ , District Judge . THIS MATTER is before the Court sua sponte. On July 13, 2016, this Court entered its Order Transferring Case to Court of Appeals [DE-25]. In that Order, this Court noted that Petitioner's motion for reconsideration [DE-9], motion to amend with supplemental authority pursuant to Johnson v. United States [DE-12], and motion for leave to file a reply [DE-18] constituted a s..
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ORDER DENYING MOTIONS AS UNAUTHORIZED SUCCESSIVE $2255 PETITION AND CLOSING CASE
PATRICIA A. SEITZ, District Judge.
THIS MATTER is before the Court sua sponte. On July 13, 2016, this Court entered its Order Transferring Case to Court of Appeals [DE-25]. In that Order, this Court noted that Petitioner's motion for reconsideration [DE-9], motion to amend with supplemental authority pursuant to Johnson v. United States [DE-12], and motion for leave to file a reply [DE-18] constituted a successive claim for relief under 28 U.S.C. § 2255. Accordingly, this Court transferred the case to the Eleventh Circuit Court of Appeals to determine whether Petitioner's claims merit the necessary authorization to file a successive petition under § 2255. The Court administratively closed this case pending a decision from the Eleventh Circuit. On August 16, 2016, the Eleventh Circuit denied Petitioner's application to file a successive § 2255 petition. Without this authorization, this Court cannot consider Petitioner's motions. Accordingly, it is
ORDERED that:
1. Petitioner's motion for reconsideration [DE-9], motion to amend with supplemental authority pursuant to Johnson v. United States [DE-12], and motion for leave to file a reply [DE-18] are DENIED.
This case is CLOSED.
DONE AND ORDERED.
Source: Leagle
