BALDWIN v. UNITED STATES OF AMERICA

Filing 5

ORDER ADOPTING 4 REPORT AND RECOMMENDATION. Construed as a motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255, Petitioner's Motion (Doc. 1 ) is DISMISSED without prejudice as an unauthorized or suc cessive § 2255 motion. Construed as a petition for writ of habeas corpus filed under 28 U.S.C. § 2241, Petitioner's Motion (Doc. 1 ) is DISMISSED with prejudice because Petitioner has not demonstrated entitlement to proceed under that section. The certificate of appealability is DENIED because Petitioner failed to make a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c). The Clerk is directed to close the case. Signed by JUDGE RICHARD SMOAK on 4/30/2013. (jcw)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
TERRY BALDWIN,
Petitioner,
v.

CASE NO. 5:13-cv-86-RS-CJK

UNITED STATES OF AMERICA,
Respondent.
_________________________________/
ORDER
Before me is the Magistrate Judge’s Order and Report and Recommendation
(Doc. 4). No objections have been filed.
IT IS ORDERED:
1.

The Magistrate Judge’s Report and Recommendation is
approved and incorporated in this Order.

2.

Construed as a motion to vacate, set aside, or correct sentence
under 28 U.S.C. § 2255, Petitioner’s Motion (Doc. 1) is
DISMISSED without prejudice as an unauthorized or
successive § 2255 motion.

3.

Construed as a petition for writ of habeas corpus filed under 28
U.S.C. § 2241, Petitioner’s Motion (Doc. 1) is DISMISSED

with prejudice because Petitioner has not demonstrated
entitlement to proceed under that section.
4.

The certificate of appealability is DENIED because Petitioner
failed to make a substantial showing of the denial of a
constitutional right pursuant to 28 U.S.C. § 2253(c).

5.

The Clerk is directed to close the case.

ORDERED on April 30, 2013.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE