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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U.S. Df.YC
L
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
':3 OCT ''
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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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