BALDWIN v. UNITED STATES OF AMERICA
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|Date Filed||#||Document Text|
|April 30, 2013
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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