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16-530 - Holstick v. United States of America (INMATE 3)


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16-530 - Holstick v. United States of America (INMATE 3)
December 27, 2017
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REPORT AND RECOMMENDATION of the Magistrate Judge that the 1 Motion to Vacate/Set Aside/Correct Sentence (2255) be dismissed for lack of jurisdiction, as Holstick has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider a successive 2255 motion; Objections to R&R due by 1/10/2018. Signed by Honorable Judge Charles S. Coody on 12/27/17. (djy, )
February 5, 2018
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OPINION. Signed by Honorable Judge Myron H. Thompson on 2/5/18. (djy, )
February 5, 2018
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JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court: (1)the 15 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (2) the 1 petition for writ of habeas corpus is dismissed because the required permission has not been obtained from the Eleventh Circuit Court of Appeals; further ORDERING that costs are taxed against petitioner, for which execution may issue; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 2/5/18. (Attachments: # (1) civil appeals checklist)(djy, ).