Ellis v. USA (INMATE 3)
||United States of America
||July 31, 2000
||US District Court for the Middle District of Alabama
||Terry F. Moorer
||W. Harold Albritton
|Nature of Suit:
||Prisoner: Vacate Sentence
|Cause of Action:
||28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
|Jury Demanded By:
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|July 14, 2016
ORDER: Upon consideration of the Recommendation of the Magistrate Judge (Doc. # 10 ) and Petitioner's objections thereto (Doc. # 11 ), the court has conducted an independent evaluation and de novo review of the file and finds the objection to be without merit. The court agrees with the findings of the Magistrate Judge and, it is hereby ORDERED as follows: 1. Petitioner's objection is OVERRULED. 2. The court ADOPTS the Recommendation of the Magistrate Judge. 3. Petitioner's Motion for Relief from Judgment of Sentence (Doc. # 1 ) is DISMISSED because Petitioner has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider a successive § 2255 motion. 4. This case is DISMISSED without prejudice. Signed by Honorable Judge W. Harold Albritton, III on 7/14/2016. (kh, )
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