ROBINSON v. BUSS

Filing 6

ORDER ON REPORT AND RECOMMENDATION; ADOPTING 4 AMENDED Report and Recommendations. Signed by SENIOR JUDGE MAURICE M PAUL on 3/23/2011. The petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, Doc. 1 , is DISMISSED. (kdm)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION IVORY LEE ROBINSON, Petitioner, v. EDWIN G BUSS, Respondent. _____________________________/ ORDER This matter is before the Court on Doc. 4, Amended Report and Recommendation of the Magistrate Judge, which recommends that the petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241, Doc. 1, be dismissed. Petitioner timely objected to the Magistrate Judge's Report and Recommendation. This Court reviews objected-to material de novo. The Court previously denied Petitioner's request for habeas corpus relief pursuant to 28 U.S.C. 2254 and denied Petitioner's request for a certificate of appealability. In order to file a second or successive habeas petition, the petitioner must first obtain an order from the court of appeals authorizing the district court to consider it. 28 U.S.C. 2244(b)(3)(A). Absent authorization, the district court lacks jurisdiction to consider a second or successive petition. See Farris v. United States, 333 F.3d 1211, 1216 (11th Cir. 2003) (addressing a successive motion to vacate under 28 U.S.C. 2255). Petitioner's objections to the Magistrate Judge's Report and Recommendation do not change the fact that the Court lacks the authority to entertain his claims. Accordingly, it is hereby CASE NO. 1:11-cv-00043-MP -GRJ ORDERED AND ADJUDGED: Page 2 of 2 1. The Report and Recommendation of the Magistrate Judge, Doc. 4, is ADOPTED and incorporated herein. The petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241, Doc. 1, is DISMISSED. 23rd day of March, 2011 2. DONE AND ORDERED this s/Maurice M. Paul Maurice M. Paul, Senior District Judge Case No: 1:11-cv-00043-MP -GRJ

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