Ellis v. USA (INMATE 3)

Filing 17

ORDER: Upon consideration of the Recommendation of the Magistrate Judge (Doc. # 10 ) and Petitioner's objections thereto (Doc. # 11 ), the court has conducted an independent evaluation and de novo review of the file and finds the objection to be without merit. The court agrees with the findings of the Magistrate Judge and, it is hereby ORDERED as follows: 1. Petitioner's objection is OVERRULED. 2. The court ADOPTS the Recommendation of the Magistrate Judge. 3. Petitioner's Motion for Relief from Judgment of Sentence (Doc. # 1 ) is DISMISSED because Petitioner has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider a successive § 2255 motion. 4. This case is DISMISSED without prejudice. Signed by Honorable Judge W. Harold Albritton, III on 7/14/2016. (kh, )

IN THE UNITED STATES DISTRICT COURT
FORTHE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

DARRYL ELLIS,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondents.

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CASE NO. 2:00-cv-1017-WHA

ORDER
Upon consideration of the Recommendation of the Magistrate Judge (Doc. #10) and
Petitioner’s objections thereto (Doc. #11), the court has conducted an independent evaluation and
de novo review of the file and finds the objection to be without merit. The court agrees with the
findings of the Magistrate Judge and, it is hereby ORDERED as follows:
1. Petitioner’s objection is OVERRULED.
2. The court ADOPTS the Recommendation of the Magistrate Judge.
3. Petitioner’s Motion for Relief from Judgment of Sentence (Doc. #1) is DISMISSED
because Petitioner has failed to obtain the requisite order from the Eleventh Circuit Court of
Appeals authorizing this court to consider a successive § 2255 motion.
4. This case is DISMISSED without prejudice.
DONE this 14th day of July, 2016.

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