Lingo v. United States of America, et al (INMATE 3)

Filing 5

ORDER directing that, upon a de novo review of this case, including the 3 Recommendation of the Magistrate Judge and the Petitioner's 4 Objection, the court finds the objection to be without merit, and it is hereby OVERRULED; the court ADOPT S the 3 Recommendation, and it is hereby ORDERED that this 28 U.S.C. § 2255 petition is DENIED, as the Petitioner has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider a successive petition, and this case is DISMISSED with prejudice; Final Judgment will be entered accordingly. Signed by Honorable Judge W. Harold Albritton, III on 6/30/11. (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SORTHERN DIVISION

RALPH WILSON LINGO,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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CIVIL ACTION NO. 1:11cv340-WHA
(WO)

ORDER
Upon a de novo review of this case, including the Recommendation of the Magistrate
Judge (Doc. #3), filed on May 26, 2011, and the Petitioner’s Objection (Doc. #4), filed on June
14, 2011, the court finds the objection to be without merit, and it is hereby OVERRULED. The
court ADOPTS the Recommendation of the Magistrate Judge, and it is hereby
ORDERED that this 28 U.S.C. § 2255 petition is DENIED, as the Petitioner has failed to
obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to
consider a successive petition, and this case is DISMISSED with prejudice.
Final Judgment will be entered accordingly.
DONE this 30th day of June, 2011.

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