Kennedy v. United States of America (INMATE 3)

Filing 7

ORDER re 3 Recommendation of the Magistrate Judge together with the 6 Objections. The objections are OVERRULED, the court ADOPTS the 3 Recommendation, and it is hereby ORDERED that this 1 Motion to Vacate/Set Aside/Correct Sentence (2255) i s DENIED, and this case is DISMISSED for failure to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing the court to consider a successive § 2255 motion. Signed by Honorable Judge W. Harold Albritton, III on 9/19/2012. (dmn, )

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. 2:12cv582-WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #3),
entered on August 7, 2012, together with the Petitioner’s Objections (Doc. #6), filed on August
24, 2012.
This is the third 28 U.S.C. § 2255 motion filed by Joseph Kennedy challenging his 240month sentence imposed on him in 2005. As noted by the Magistrate Judge, the first petition
was filed in 2006, denied as time-barred, and dismissed with prejudice. The second motion was
filed on January 21, 2012, in Civil Action 2:12cv073-WHA, in which the Magistrate Judge
recommended dismissal for failure to obtain the requisite authorization from the Eleventh Circuit
Court of Appeals to file a successive petition. This court adopted that Recommendation and
dismissed that action by separate order and judgment entered on this day. This is the third
petition.
Following an independent evaluation and de novo review of this case, the court agrees
with the finding of the Magistrate Judge that this is a successive petition, and finds that the
Petitioner’s objections are without merit. Therefore, the objections are OVERRULED, the court

ADOPTS the Recommendation of the Magistrate Judge, and it is hereby
ORDERED that this § 2255 motion is DENIED, and this case is DISMISSED for failure
to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing the 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