Williams v. Allen
ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 to the extent that petition is dismissed, and that a Certificate of Appealability and in forma pauperis status on appeal are properly denied. The Court rejects the recommendation that Williams be denied in forma pauperis status and sanctioned $500. Williams is now WARNED that any more habeas (or similar) petitions he files without Eleventh Circuit authorization, are extremely likely to be considered vexatious and meet with sanctions. Signed by Chief Judge Lisa G. Wood on 3/10/17. (slt)
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MARTIN ALLEN, Warden,
Petitioner Ronnie Williams seeks habeas relief for at
least the eleventh time.' He does not have the necessary
authorization from the Eleventh Circuit to do so. 28 U.S.C. §
2255(h). This Court therefore lacks jurisdiction to consider
his claims, and so his petition is DISMISSED.
Hill v. Hopper,
112 F.3d 1088, 1089 (11th Cir. 1997) (per curiam); Wilson v.
Lanier, No. CV406-99, 2006 WL 2949356 (S.D. Ga. Oct. 16,
2006). To this extent, the Magistrate Judge's report and
recommendation, dkt. no. 5 is ADOPTED.
But the Court REJECTS the recommendation that Williams be
denied in forma pauperis status and sanctioned $500. Id. at
5. This Court previously told Williams:
Nos. CV416-232 (S.D. Ga.); No. S151-10225 (Ga.); cv414-088 (S.D. Ga.); No.
2013-HC-27-JS (Tatnall Super. Ct.); CV412-019 (S.D. Ga.); CV408-105 (S.D.
Ga.); CV405-167 (S.D. Ga.); CV403-069 (S.D. Ga.); CV402-044 (S.D. Ga.);
CV495-176 (S.D. Ga.).
In forma paperis [sic] (IFP) status will not
be prospectively barred for any future pro se
pleadings that do not address his claims that he has
fully served his twenty year sentence for the 1994
burglary conviction, and he may still file any
postconviction claim he wishes if he pays the filing
Report & Recommendation, No. CV416-232, Dkt. No. 6 at 5 n.3
(S.D. Ga. Oct. 19, 2016), adopted, Id. Dkt. No. 9 (S.D. Ga.
Nov. 7, 2016). Williams's present petition takes issue with
the timing and form of his current sentence. Dkt. No. 1 at 5,
7, 12. Those arguments are beyond the scope of the Court's
previous warning, so Williams will not be sanctioned for this
petition. No. CV416-232, Dkt. No. 6 at 5 n.3. However,
Williams is now
that any more habeas (or similar)
petitions he files without Eleventh Circuit authorization, as
required by 28 U.S.C. § 2255(h), are extremely likely to be
considered vexatious and meet with sanctions.
Finally, the Court agrees with the Magistrate Judge that
a Certificate of Appealability and in forma pauperis status on
appeal are properly DENIED
Dkt. No. 5 at 6.
this 10th day of March, 2017.
LI GODBEY WO D, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
' The Court does not reach any other issues. See Dkt. No. 5 at 1 n.1, 4
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