Moses v. United States of America (INMATE 3)
| Tony Terrell Moses, Sr. |
| United States of America |
| 3:2018cv00861 |
| October 3, 2018 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| Myron H Thompson |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on October 31, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 5
JUDGMENT: In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court: (1) The United States Magistrate Judge's recommendation (doc. no. #3 ) is adopted. (2) The 28 U.S.C. 2255 motion (doc. no. #2 ) is dismissed because the required permission has not been obtained from the Eleventh Circuit Court of Appeals. It is further ORDERED that costs are taxed against petitioner, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 10/31/2018. Attachments: #1 Civil Appeals Checklist)(kh, )
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| Filing 4 OPINION. Signed by Honorable Judge Myron H. Thompson on 10/31/2018. (kh, ) |
| No objections filed to #3 Recommendation (no pdf document attached to this notice). (kh, ) |
| Filing 3 RECOMMENDATION OF THE MAGISTRATE JUDGE that Moses' instant motion (Doc. #2 ), which constitutes a second or successive 2255 motion, be summarily dismissed because Moses has not received permission from the appellate court to file a second or second 2255 motion. Objections to R&R due by 10/23/2018. Signed by Honorable Judge Charles S. Coody on 10/9/2018. (kh, ) |
| Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255) (JUDICIAL NOTICE), filed by Tony Terrell Moses, Sr. (Attachments: #1 UNSWORN DECLARATION OF TONY TERRELL MOSES, SR., #2 Exhibit A, #3 Exhibit B, #4 Judicial Notice, #5 Civil Docket Sheet - 3:11-cv-625-MHT-CSC, #6 Criminal Docket Sheet -3:08-cr-00235-MHT-CSC-1, #7 Criminal Judgment - 3:08-cr-00235-MHT-CSC-1) (kh, ) Modified on 10/9/2018 (kh, ). |
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Filing 1
ORDER directing the Clerk to: (1) strike the petitioner's self-styled Motion for Relief from Judgment under Fed.R.Civ.P. 60(b)(4) & (6), currently docketed as Doc. # 33 , and the petitioner's Judicial Notice, currently docketed as Doc. # 34 , from this closed civil action; (2) open a new civil action under 28 U.S.C. 2255 and docket these same documents in the newly opened civil action; (3) assign the newly opened civil action to the magistrate judge and district judge to whom this case is assigned; and (4) refer the case file to the appropriate magistrate judge for further proceedings upon completion of these directives. Signed by Honorable Judge Charles S. Coody on 10/3/2018. (kh, )
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| Plaintiff: Tony Terrell Moses, Sr. | |
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| Defendant: United States of America | |
| Represented By: | Sandra Jean Stewart |
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