Opinion
CASE NO. 5:13-cv-86-RS-CJK
04-30-2013
TERRY BALDWIN, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
Before me is the Magistrate Judge's Order and Report and Recommendation (Doc. 4). No objections have been filed.
IT IS ORDERED:
1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order.
2. Construed as a motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255, Petitioner's Motion (Doc. 1) is DISMISSED without prejudice as an unauthorized or successive § 2255 motion.
3. Construed as a petition for writ of habeas corpus filed under 28 U.S.C. § 2241, Petitioner's Motion (Doc. 1) is DISMISSED
with prejudice because Petitioner has not demonstrated entitlement to proceed under that section.
4. The certificate of appealability is DENIED because Petitioner failed to make a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c).
5. The Clerk is directed to close the case.
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RICHARD SMOAK
UNITED STATES DISTRICT JUDGE