Lingo v. United States of America (INMATE 3)

Filing 7

ORDER adopting the 2 Recommendation, denying the 28 U.S.C. § 2255 motion, and dismissing the case for lack of jurisdiction, since the Petitioner did not obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider a successive motion before he filed this action. Signed by Honorable W. Harold Albritton, III on 1/21/2010. (br, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION RALPH WILSON LINGO, #190083, Petitioner, vs. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 1:09cv1109-WHA (WO)

ORDER This case is before the court on the Recommendation of the Magistrate Judge (Doc. #2) entered on December 16, 2009, and Petitioner's Objections (Docs. #3 and 4), filed on January 14, 2010. Upon an independent evaluation and de novo review of this case, the court finds the objections to be without merit, and they are hereby overruled. The court adopts the Recommendation of the Magistrate Judge, and it is hereby ORDERED that this 28 U.S.C. § 2255 motion is DENIED, and this case is DISMISSED for lack of jurisdiction, since the Petitioner did not obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider a successive motion before he filed this action. DONE this 21st day January, 2010.

/s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE