Woods v. United States of America

Filing 3

ORDER dismissing case without prejudice; clerk is directed to close the file. Signed by Judge Gregory A. Presnell on 10/16/2006. (TKW, )

Woods v. United States of America

Doc. 3

Case 6:06-cv-01556-GAP-DAB

Document 3

Filed 10/16/2006

Page 1 of 2

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION LUTHER WOODS, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. CASE NO. 6:06-cv-1556-Orl-31DAB

ORDER Plaintiff submitted a typed petition (Doc. No. 1, filed October 5, 2006) to this Court which appears to challenge his conviction; however, he specifically states that he is not proceeding under 28 U.S.C. § 2255.1 Plaintiff contends that the federal statute under which he was convicted was "never enacted by Congress in accordance to Article 1, § 7 of the Constitution, and Title 1, USCS §§ 106a and 112." (Doc. No. 1 at 2.) He seeks "immediate release from this illegal detainment by the U.S. Attorney's Office." Id. at 4. Plaintiff cites 18 U.S.C. § 4001(a) and 28 U.S.C. § 1331 as the statutory basis for this Court's jurisdiction over this matter. However, neither of these provisions grants this Court the authority to order Plaintiff's release from custody. According, it is Accordingly, it is now ORDERED AND ADJUDGED: 1. This case is hereby DISMISSED without prejudice.

The Court notes that Plaintiff's earlier § 2255 motion was denied with prejudice. See Case Number 6:03-cv-1730-Orl-19KRS, Doc. No. 28, filed June 9, 2005. Furthermore, the Eleventh Circuit Court of Appeals denied Plaintiff's request for a certificate of appealability. Id. at 35. Thus, it appears that this case is an attempt to avoid the restrictions against second or successive applications for relief. See 28 U.S.C. §§ 2244 and 2255.

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Dockets.Justia.com

Case 6:06-cv-01556-GAP-DAB

Document 3

Filed 10/16/2006

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2.

The Clerk of the Court is directed to close this case.

DONE AND ORDERED at Orlando, Florida this 16th day of October, 2006.

Copies to: sa 10/16 Luther Woods