Mayberry v. USA (INMATE 3)

Filing 17

ORDER: 1. The petitioner's objection 16 filed on April 9, 2013 to the Recommendation of the Magistrate Judge is overruled; 2. The Recommendation of the Magistrate Judge 15 filed on March 28, 2013 is adopted; 3. The petitioner's 28 U.S. C. § 2255 motion is DENIED and this case is DISMISSED, as petitioner has failed 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 Truman M. Hobbs on 6/6/2013. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DOUGLAS GENE MAYBERRY,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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CASE NO. 2:00-cv-1043-TMH
[WO]

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1.

The petitioner's objection (Doc. #16) filed on April 9, 2013 to the

Recommendation of the Magistrate Judge is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #15) filed on March 28, 2013
is adopted;
3.

The petitioner's 28 U.S.C. § 2255 motion is DENIED and this case is

DISMISSED, as petitioner has failed to obtain the requisite order from the Eleventh Circuit
Court of Appeals authorizing this Court to consider a successive § 2255 motion.
DONE this the 6th day of June, 2013.

/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE