BALDWIN v. UNITED STATES OF AMERICA

Respondent: UNITED STATES OF AMERICA
Petitioner: TERRY BALDWIN
Case Number: 5:2013cv00086
Filed: March 27, 2013
Court: Florida Northern District Court
Office: Panama City Office
County: Jackson
Presiding Judge: RICHARD SMOAK
Referring Judge: CHARLES J KAHN
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
April 30, 2013 5 Opinion or Order of the Court ORDER ADOPTING 4 REPORT AND RECOMMENDATION. Construed as a motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255, Petitioner's Motion (Doc. 1 ) is DISMISSED without prejudice as an unauthorized or suc cessive § 2255 motion. Construed as a petition for writ of habeas corpus filed under 28 U.S.C. § 2241, Petitioner's Motion (Doc. 1 ) is DISMISSED with prejudice because Petitioner has not demonstrated entitlement to proceed under that section. The certificate of appealability is DENIED because Petitioner failed to make a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c). The Clerk is directed to close the case. Signed by JUDGE RICHARD SMOAK on 4/30/2013. (jcw)

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Respondent: UNITED STATES OF AMERICA
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Petitioner: TERRY BALDWIN
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