Johnson v. United States of America (INMATE 3)

Filing 3

ORDERED that the 2 Recommendation is ADOPTED and this case is DISMISSED without prejudice. Signed by Chief Judge William Keith Watkins on 3/17/2016. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
WILLIE CURRY JOHNSON,

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) CASE NO. 3:16-CV-99-WKW
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Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

ORDER
On February 17, 2016, the Magistrate Judge filed a Recommendation in this
case to which no timely objections have been filed.

(Doc. # 2.)

In the

Recommendation, the Magistrate Judge found that this is the second petition
Johnson has filed under 28 U.S.C. § 2255 attacking his convictions and sentence in
Criminal Case No. 3:08cr138-MEF.

Johnson failed to acquire the requisite

certification from the Eleventh Circuit authorizing this court to consider a
successive § 2255 petition. Accordingly, this court lacks jurisdiction to consider
the merits of the instant motion.
Upon an independent review of the file in this case and upon consideration
of the Recommendation, it is ORDERED that the Recommendation (Doc. # 2) is
ADOPTED and this case is DISMISSED without prejudice.
A separate final judgment will be entered.

DONE this 17th day of March, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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