BALDWIN v. UNITED STATES OF AMERICA
TERRY BALDWIN |
UNITED STATES OF AMERICA |
5:2013cv00086 |
March 27, 2013 |
US District Court for the Northern District of Florida |
Panama City Office |
Jackson |
RICHARD SMOAK |
CHARLES J KAHN |
Habeas Corpus (General) |
28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
None |
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Filing 5 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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