Riley v. United States of America (INMATE 3)

Filing 6

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court: (1) Petitioner's 4 objections are overruled; (2) The US Magistrate Judge's 3 recommendation is adopted; (3) The 28 USC 2255 petition (doc. no. 2 ) is dismissed without pr ejudice because the required permission has not been obtained from the Eleventh Circuit Court of Appeals; further ORDERED that costs are taxed against petitioner, for which execution may issue; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 11/30/2017. (Attachments: # 1 Civil Appeals Checklist) (alm, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOHN THOMAS RILEY, JR.,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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CIVIL ACTION NO.
2:17cv644-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court:
(1) Petitioner's

objections

(doc.

no.

4)

are

overruled.
(2) The

United

States

Magistrate

Judge's

recommendation (doc. no. 3) is adopted.
(3) The 28 U.S.C. § 2255 petition (doc. no. 2) is
dismissed

without

prejudice

permission

has

been

not

because

obtained

from

the
the

required
Eleventh

Circuit Court of Appeals.
It is further ORDERED that costs are taxed against

petitioner, for which execution may issue.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is closed.
DONE, this the 30th day of November, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE