Smith v. United States of America (INMATE 3)

Filing 18

ORDERED that: 1. The Magistrate Judges Recommendation (Doc. # 15 ) is ADOPTED; 2. This case is DISMISSED without prejudice for Petitioner's failure to obtain the requisite certification from the Eleventh Circuit Court of Appeals authorizing this court to consider a successive 18 U.S.C. § 2255 motion. A final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 4/6/2018. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
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RICKEY RANDELL REX SMITH,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

CASE NO. 1:16-CV-531-WKW
[WO]

ORDER
On January 22, 2018, the Magistrate Judge filed a Recommendation (Doc.
# 15) to which no timely objections have been filed. Upon an independent review
of the record and upon consideration of the Recommendation, it is ORDERED that:
1.

The Magistrate Judge’s Recommendation (Doc. # 15) is ADOPTED;

2.

This case is DISMISSED without prejudice for Petitioner’s failure to
obtain the requisite certification from the Eleventh Circuit Court of
Appeals authorizing this court to consider a successive 18 U.S.C.
§ 2255 motion.

A final judgment will be entered separately.
DONE this 6th day of April, 2018.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE