Foote v. U.S.

Full title: PHILLIP CHRISTOPHER FOOTE, MOVANT, v. UNITED STATES OF AMERICA, RESPONDENT

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Apr 28, 2005

Nos. 3:05-CV-388-R, 3:97-CR-263-R (N.D. Tex. Apr. 28, 2005)

Opinion

Nos. 3:05-CV-388-R, 3:97-CR-263-R.

April 28, 2005

JUDGMENT

JERRY BUCHMEYER, District Judge

The Court has entered its Order accepting the Findings, Conclusions and Recommendation of the United States Magistrate Judge in this case.

It is therefore ORDERED, ADJUDGED and DECREED that the petition to correct, vacate or set aside sentence pursuant to 28 U.S.C. § 2255 is dismissed without prejudice to Petitioner's right to file a motion for leave to file a second or successive § 2255 motion in the Fifth Circuit pursuant to 28 U.S.C. §§ 2244(b)(3) and 2255.

It is further ORDERED that the Clerk shall transmit a true copy of this Judgment, together with a true copy of the Order accepting the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, to the parties.