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07-14404 - Johnson v. United States of America


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07-14404 - Johnson v. United States of America
July 22, 2008
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REPORT OF MAGISTRATE JUDGE on 28 USC 2255 case re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Johnny L. Johnson. Recommending that the movants §2255 motion (Cv-DE#1) seeking relief pursuant to the recent guideline amendments be denied, and that the motion for relief from judgment pursuant to Fed.R.Civ.P. 60(b) (Cv-DE#8:6), which in legal effect is a second or successive motion to vacate pursuant to §2255, be dismissed for want of jurisdiction for the movants failure to obtain the certification required by 28 U.S.C. §2244(b)(3)(A) from the Eleventh Circuit Court of Appeals. Objections to R&R due by 8/8/2008. Signed by Magistrate Judge Patrick A. White on 07/20/08. (tw)