Summary
construing the Rule 35 and Rule 36 motion as a motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 and dismissing for lack of jurisdiction
Summary of this case from United States v. MooreOpinion
Civil Action No. 2:06cv65-MHT (WO).
May 26, 2006
OPINION
Pursuant to 28 U.S.C. § 2255, petitioner filed this habeas-corpus case. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that the habeas-corpus request be denied because the required permission has not been obtained from the Eleventh Circuit Court of Appeals. Also before the court are petitioner's objections to the recommendation. After an independent and de novo review of the record, the court concludes that the objections should be overruled and the magistrate judge's recommendation adopted.
An appropriate judgment will be entered.