Patrick v. United States of America (INMATE 3)

Filing 5

ORDERED as follows: 1) Petitioner's 4 objections are OVERRULED; 2) The court ADOPTS the 3 Recommendation of the Magistrate Judge; 3) This Motion to Vacate, Set Aside or Correct Sentence Under 28 USC § 2255 is DISMISSED for failure of the Petitioner to obtain the requisite order from the Eleventh Circuit Court of Appeal authorizing this court to consider a successive § 2255 motion. Signed by Honorable Judge W. Harold Albritton, III on 1/5/2015. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FORTHE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION

JAMES LAMAR PATRICK,

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Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondents.

CASE NO. 3:14-cv-583-WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #3),
entered on October 7, 2014 and Petitioner’s Objections (Doc. #4), filed on October 20, 2014.
The court has conducted an independent evaluation and de novo review of this matter,
and, having done so, finds the objections to be without merit. Therefore, it is hereby ORDERED
as follows:
1. Petitioner’s objections are OVERRULED.
2. The court ADOPTS the Recommendation of the Magistrate Judge.
3. This Motion to Vacate, Set Aside or Correct Sentence Under 28 U.S.C. § 2255 is
DISMISSED for failure of the Petitioner to obtain the requisite order from the Eleventh Circuit
Court of Appeal authorizing this court to consider a successive § 2255 motion.
DONE this 5th day of January, 2015.

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