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, )

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

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