Opinion
CASE NO. 5:03-cr-00105-TES-CHW-1
11-15-2019
DAVID ANTOINE LUSTER, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
After a de novo review of the record in this case, the Report and Recommendation [Doc. 72] issued by the United States Magistrate Judge on October 29, 2019, is hereby ADOPTED and MADE ORDER OF THE COURT. 28 U.S.C § 636(b)(1)(C). The Court considered Movant's Objection [Doc. 73] and finds that it lacks merit. Movant's Motions to Arrest Judgment [Docs. 69, 70] substantively constitute second or successive collateral attacks of his convictions. Since Movant did not seek authorization from the Eleventh Circuit Court of Appeals to file a second or successive motion under 28 U.S.C. § 2255, the Court lacks subject-matter jurisdiction and DISMISSES his Motions.
SO ORDERED, this 15th day of November, 2019.
S/ Tilman E. Self, III
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT