DAY v. UNITED STATES OF AMERICA

Filing 6

ORDER adopting 3 Report and Recommendation; denying 4 MOTION to Amend. Signed by CHIEF JUDGE M CASEY RODGERS on 8/10/2012. The petition for habeas corpus (doc. 1 ) is DENIED. (kdm)

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
GREGORY ALLEN DAY,
Petitioner,
v.

CASE NO. 1:12cv90-MP-GRJ

UNITED STATES OF AMERICA,
Respondent.
_____________________________/
ORDER
This matter is before the court on the Report and Recommendation of the
Magistrate Judge (doc. 3), recommending that the petition in this case be construed as a
successive motion under 28 U.S.C. § 2255 and that it be dismissed because petitioner has
not first obtained permission from the Eleventh Circuit Court of Appeals to file a successive
motion. Rather than file objections to the Report and Recommendation, petitioner filed a
rambling document which makes little sense, entitled "Motion to Amend." In this document
he does not address the points raised in the Report and Recommendation but instead
appears to attempt to make a claim against the Magistrate Judge "in the nature of trespass
Vi et armis for false imprisonment" and seeks "100 million in Lawful money to vindicate my
rights." (See doc. 4). Such claims are clearly frivolous and do not support leave to amend.
Additionally, petitioner has offered no cause for allowing his successive § 2255 motion
proceed without prior approval of the Eleventh Circuit Court of Appeals.
Accordingly, it is now ORDERED as follows:
1. The Report and Recommendation of the Magistrate Judge (doc. 3) is adopted
and incorporated herein. The petition for habeas corpus (doc. 1) is DENIED.
2. The motion to amend (doc. 4) is DENIED.
DONE and ORDERED this 10th day of August, 2012.
s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE