Evans v. United States Of America

Filing 7

ORDER ADOPTING the 3 Report and Recommendations dismissing the 2255 petition. The in forma pauperis status on appeal is denied. Signed by Judge William T. Moore, Jr on 10/30/13. (wwp) Modified on 10/30/2013 (wwp).

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Th U.S. Df.YC L IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION ':3 OCT '' 'fl .c C ELLIS EVANS, OF G Petitioner, CASE NOS. CV413-203 CR4 03 -093 I'. UNITED STATES OF AMERICA, Respondent. ORDER Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 3), to which objections have been filed (Doc. 6) . After a careful de novo review of the record, the Court concludes that Petitioner's objections are without merit. Accordingly, the report and recommendation is ADOPTED as the Court's opinion in this case, and Petitioner's 28 U.S.C. DISMISSED. The Clerk of Court ยง 2255 Petition is is DIRECTED to close this case. In his objections, Petitioner offers no cogent argument that this Court possesses the power to reach the merits of his successive habeas petition. For this Court to have jurisdiction to entertain a successive habeas petition, the petitioner must first obtain permission from the Eleventh Circuit Court of Appeals by filing an "Application for Leave to File a Second or Successive Habeas Corpus Petition," using the form provided by the Eleventh Circuit Clerk of Court. Absent certification from the Eleventh Circuit Court of Appeals pursuant to Eleventh Circuit Rule 22-3(a), this Court is without jurisdiction to entertain the merits of any successive petition. SO ORDERED this 30 day of October 2013. WILLIAM T.MOORE,JR. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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