ORDER

MARC T. TREADWELL, District Judge.

United States Magistrate Judge Stephen Hyles recommends dismissing the Petitioner's "Motion for Relief from Judgment under Rule 60(b)." (Docs. 26; 27). Construing the Petitioner's motion as a successive habeas petition, the Magistrate Judge makes this recommendation because the Petitioner has not sought approval from the Eleventh Circuit to file a second or successive petition pursuant to 28 U.S.C. § 2244(b). Thus, the Court lacks jurisdiction to consider the Petitioner's claims. The Petitioner has objected to the Recommendation. (Doc. 28).

Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the Petitioner's objection and has made a de novo determination of the portions of the Recommendation to which the Petitioner objects. The Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation is ADOPTED and made the order of this Court. Accordingly, the Petitioner's "Motion for Relief from Judgment under Rule 60(b)" is DISMISSED. (Doc. 26). Further, the Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). Therefore, a certificate of appealability is DENIED. Additionally, because there are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). Accordingly, any motion to proceed in forma pauperis on appeal is DENIED.

SO ORDERED.