Opinion
Case Number: 14-22375-CIV-MORENO
07-10-2014
CHARLES CLARK, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION
AND DENYING MOTION TO VACATE
THE MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge for a Report and Recommendation on the Motion to Vacate (D.E. No. 1), filed on June 26, 2014. The Magistrate Judge filed a Report and Recommendation (D.E. No. 5) on July 9, 2014. The Court has reviewed the entire file and record. The Court has made a de novo review of the issues presented in the Magistrate Judge's Report and Recommendation, and being otherwise fully advised in the premises, it is
ADJUDGED that United States Magistrate Judge Patrick A. White's Report and Recommendation (D.E. No. 5) on July 9, 2014 is AFFIRMED and ADOPTED. Accordingly, it is
ADJUDGED that:
(1) The Motion to Vacate is DENIED for failure of the movant to obtain the authorization required by 28 U.S.C. § 2244(b)(3) to file a successive § 2255 motion.
(2) A Certificate of Appealability does not issue as the Movant has failed to make a
substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2).
(3) All other pending motions are DENIED as moot.
DONE AND ORDERED in Chambers at Miami, Florida, this 10th day of July, 2014.
__________
FEDERICO A. MORENO
UNITED STATES DISTRICT JUDGE
Copies provided to:
United States Magistrate Judge Patrick A. White
Counsel of Record Charles Clark, pro se
45909-004
Coleman Medium
Federal Correctional Institution
Inmate Mail/Parcels
Post Office Box 1032
Coleman, FL 33521