Sanders v. United States Of America

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS of the Magistrate Judge as the opinion of this Court. Plaintiff's 28 U.S.C. 2255 motion is denied as successive. the Clerk of Court is directed to close this case. Signed by Chief Judge William T. Moore on 4/13/2010. (loh)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION -, KENNETH PJNON SANDERS, Plaintiff,

U. S. DISTRICT COURT $auth'1n Dtr1Ct of GOq Off 109 -

V.
UNITED STATES OF AMERICA, Defendant.
ORDER

CASE NOS. CV409-197 CR4 95-123

Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 2), to which no objections have been filed. After a careful de novo review of the record, the Report and Recommendation is ADOPTED as the Court's Opinion in this case. Accordingly, Plaintiff's 28 U.S.C. § 2255 Motion ±5 DENIED AS
SUCCESSIVE.' The Clerk of Court is DIRECTED to close this case.

SO ORDERED this /day of April, 2010.

ot

IEF JUDGE WILLIAM T. MOORE, JR., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA ' This Court, yet again, informs Defendant that if he wishes to have his sentence recalculated due to the Georgia Supreme Court vacating two of his state convictions, he must first file an "Application for Leave to File a Second or Successive Habeas Corpus Petition" with the Eleventh Circuit Court of Appeals, using the form provided by the Clerk of Court for the Eleventh Circuit. After receiving permission from the Eleventh Circuit, Defendant may then submit his § 2255 petition to this Court. Until Defendant follows these procedures, this Court lacks jurisdiction to rule on any § 2255 petition from Defendant.