Opinion
Case Number: 17-23220-CIV-MORENO 01-00427-CR-MORENO
09-22-2017
PATRICK HARRIS, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING MOVANT'S MOTION TO VACATE
THE MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, for a Report and Recommendation on Movant's Motion to Vacate pursuant to 28 U.S.C. § 2255, filed on August 24 , 2017 . The Magistrate Judge filed a Report and Recommendation (D.E. 3) on August 29 , 2017 . The Court has reviewed the entire file and record. The Court has made a de novo review of the issues that the objections to the Magistrate Judge's Report and Recommendation present, and being otherwise fully advised in the premises, it is
ADJUDGED that the objections are OVERRULED and Magistrate Judge White's Report and Recommendation is AFFIRMED and ADOPTED. Accordingly, it is
ADJUDGED that Movant's Motion to Vacate pursuant to 28 U.S.C. § 2255 is DISMISSED for lack of jurisdiction for Movant's failure to obtain from the Eleventh Circuit Court of Appeals the authorization required by 28 U.S.C. § 2244(b)(3). It is further
ADJUDGED that no certificate of appealability issue.
DONE AND ORDERED in Chambers at Miami, Florida, this 22nd of September 2017.
/s/_________
FEDERICO A. MORENO
UNITED STATES DISTRICT JUDGE Copies furnished to: United States Magistrate Judge Patrick A. White Counsel of Record Patrick Harris, Pro Se
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