Berry v. USA

Berry v. USA

Plaintiff:	Steve Berry
Defendant:	USA
Case Number:	8:2013cv01911
Filed:	July 24, 2013
Court:	US District Court for the Middle District of Florida
Office:	Tampa Office
County:	Hillsborough
Presiding Judge:	Mark A. Pizzo
Presiding Judge:	James S. Moody
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate Sentence
Jury Demanded By:	None

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Date Filed	Document Text
July 30, 2013	Filing 3 ORDER: The motion to vacate, set aside, or correct an illegal sentence is DISMISSED, without prejudice, for lack of jurisdiction. The Clerk is directed to send Petitioner the Eleventh Circuit's application form for leave to file a second or s uccessive § 2255 motion under 28 U.S.C. § 2244(b). The Clerk shall terminate any pending motions and close this case. Because Petitioner is not entitled to a certificate of appealability, he is not entitled to appeal in forma pauperis. Signed by Judge James S. Moody, Jr on 7/30/2013. (LN)

Date Filed

Document Text

July 30, 2013

Filing 3 ORDER: The motion to vacate, set aside, or correct an illegal sentence is DISMISSED, without prejudice, for lack of jurisdiction. The Clerk is directed to send Petitioner the Eleventh Circuit's application form for leave to file a second or s uccessive § 2255 motion under 28 U.S.C. § 2244(b). The Clerk shall terminate any pending motions and close this case. Because Petitioner is not entitled to a certificate of appealability, he is not entitled to appeal in forma pauperis. Signed by Judge James S. Moody, Jr on 7/30/2013. (LN)

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Plaintiff: Steve Berry
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Defendant: USA
Represented By:	Kelley Clement Howard-Allen
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