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16-1792 - Williams v. USA

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16-1792 - Williams v. USA
August 8, 2016
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AMENDED FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The initial FCR is hereby VACATED, and this amended findings of fact, conclusions of law, and recommendation is entered to consider both the Section 2255 motion and Williams's motion to stay this action pending the Fifth Circuit's decision regarding authorization to file the successive motion to vacate [Dkt. No. 3], which was filed in the criminal case but not docketed in this civil action until after the initial FCR was entered. Because the Court lacks jurisdiction over Williams's unauthorized successive Section 2255 motion, and because Williams already has moved for authorization in the Fifth Circuit, the Court should dismiss the Section 2255 motion without prejudice and deny the motion to stay. (Ordered by Magistrate Judge David L Horan on 8/8/2016) (axm)
April 25, 2017
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Order Accepting 4 Findings and Recommendations and Denying Certificate of Appealability on Case re: 1 Motion to Vacate under 28 U.S.C. 2255, filed by Rayah Markeith Williams. In the event Movant will file a notice of appeal, the Court notes that he must pay the filing fee ($505.00) or file a motion for leave proceed in forma pauperis on appeal. (Ordered by Chief Judge Barbara M.G. Lynn on 4/25/2017) (epm)