McKenzie v. United States of America

Filing 30

ORDER dismissing 27 Motion to Recall 2255 Mandate; overruling Movant's objections and adopting 28 Report and Recommendation as the opinion of the Court. Movant is denied a Certificate of Appealability and is not entitled to appeal in forma pauperis. Signed by Judge Lisa G. Wood on 9/16/2022. (gmh) (Additional attachment(s) added on 9/19/2022: # 1 Corrected pdf) (gmh).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION OLAUDAH MCKENZIE, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) ) CV616-086 CR615-001 ORDER After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation, to which objections have been filed. CR615-001, doc. 444; CV616-086, doc. 28. Accordingly, McKenzie’s objections are OVERRULED and the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. McKenzie’s Motion “to recall 2255 mandate” is construed as an unauthorized successive § 2255 motion. Since the Court lacks jurisdiction to consider that Motion, it is DISMISSED. CR615-001, doc. 443; CV616-086, doc. 27. Civil case CV616-086 stands CLOSED.

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