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08-340 - Mayberry v. United States of America (INMATE 3)


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08-340 - Mayberry v. United States of America (INMATE 3)
May 8, 2008
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RECOMMENDATION of the Magistrate Judge that the 2 Motion to Vacate/Set Aside/Correct Sentence (2255)be denied and this case dismissed, as Mayberry has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider a successive 28 USC 2255 motion. Objections to R&R due by 5/21/2008. Signed by Honorable Wallace Capel, Jr on 5/8/08. (sl, )
May 30, 2008
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ORDERED as follows: (1) Mayberry's objections are overruled; (2) the 3 Recommendation of the Magistrate Judge is adopted; (3) the 2 motion filed by Mayberry on 4/28/08 which the court construes as a motion for relief under 28 USC 2255 is denied and this case is dismissed as further set out in order. Signed by Honorable Truman M. Hobbs on 5/30/08. (sl, )
May 30, 2008
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FINAL JUDGMENT entered in favor of respondent and against petitioner Douglas Gene Mayberry and petitioner take nothing by his suit. Signed by Honorable Truman M. Hobbs on 5/30/08. (Attachments: # (1) Civil Appeals Checklist)(sl, )