Kennedy v. United States of America (INMATE 3)

Filing 10

ORDER the court finds the 8 , 9 objections to be without merit, and they are hereby OVERRULED. The court ADOPTS the 7 Recommendation of the Magistrate Judge, and it is hereby ORDERED that the Petitioner's § 2255 motion is DENIED, and this case is DISMISSED for failure to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider a successive § 2255 motion. Signed by Honorable Judge W. Harold Albritton, III on 9/19/2012. (jg, )

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

JOSEPH KENNEDY,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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CIVIL ACTION NO. 2:12cv073-WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #7),
entered on July 5, 2012, the Objections (Doc. #8) filed by Petitioner on July 23, 2012, and a
second Objection (Doc. #9), filed by the Petitioner on August 24, 2012.
After an independent evaluation and de novo review of this case, the court agrees with
the Recommendation that this § 2255 motion should be denied for the reason that the Petitioner
has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing
this court to consider a successive § 2255 motion. Therefore, 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 the Petitioner’s § 2255 motion is DENIED, and this case is DISMISSED
for failure to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing
this court to consider a successive § 2255 motion.
DONE this 19th day of September, 2012.

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