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18-21576 - Scales v. United States Of America


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18-21576 - Scales v. United States Of America
May 1, 2018
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orm) (fbn) REPORT AND RECOMMENDATIONS RE DISMISSAL FOR FAILURE TO OBTAIN AUTHORIZATION PURSUANT TO 28 U.S.C. §2244(b)(3) on 28 USC 2255 case re 1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) filed by Andre Scales; Recommending 1. That movants § 2255 motion (DE#1) be DISMISSED for lack of jurisdiction; 2. That he case be STAYED and directly TRANSFERRED to the Eleventh Circuit under 28 U.S.C. § 1631. 3. That no certificate of appealability issue; 4. That the case be ADMINISTRATIVELY CLOSED; 5. That, if movant obtains the necessary authorization from the Eleventh Circuit, he be required to notify this Court of the same within thirty (30) days of receiving the said authorization so that the stay may be lifted and that he may proceed on his authorized petition; and 6. That, if movant obtains the necessary authorization from the Eleventh Circuit, but fails to timely notify the Court of the same as described in the preceding paragraph, movant be prohibited from proceeding on his authorized petition and that the case remain closed. Objections to R&R due by 5/15/2018. Signed by Magistrate Judge Patrick A. White on 5/1/2018. (Attachments: # (1) 2255 Successive F
June 21, 2018
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ant to 28 U.S.C. 2255 [DE 1]; Transferring Case to the Eleventh Circuit; Certificate of Appealability: DENIED; Administratively Closing Case. Signed by Senior Judge Patricia A. Seitz on 6/21/2018. (ls)ORDER ADOPTING IN PART REPORT AND RECOMMENDATIONS for 1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) filed by Andre Scales ; adopting in part Report and Recommendations re 4 Report and Recommendations; Staying Petition pursu