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U.S. v. Banks

United States District Court, N.D. Florida, Gainesville Division
Oct 9, 2007
CASE NO. 1:99-cr-00006-MP (N.D. Fla. Oct. 9, 2007)

Opinion

CASE NO. 1:99-cr-00006-MP.

October 9, 2007


ORDER


This matter is before the Court on Doc. 86, Motion for Review of Sentence and to Withdraw Plea by Demetrius Lee Banks. Having reviewed the motion, the court determines that it is simply another attempt to collaterally attack his sentence. However, Mr. Banks has had a previous § 2255 motion denied (doc. 68) and has not first secured the permission of the Eleventh Circuit to file a successive petition. Pursuant to 28 U.S.C. § 2244(b)(3)(A), this Court cannot consider a second or successive habeas petition until a panel of the Eleventh Circuit has authorized its filing. Accordingly, it is hereby

ORDERED AND ADJUDGED:

1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein.
2. This action is DISMISSED, and the clerk is directed to close the file.
DONE AND ORDERED.


Summaries of

U.S. v. Banks

United States District Court, N.D. Florida, Gainesville Division
Oct 9, 2007
CASE NO. 1:99-cr-00006-MP (N.D. Fla. Oct. 9, 2007)
Case details for

U.S. v. Banks

Case Details

Full title:UNITED STATES OF AMERICA, v. DEMETRIUS LEE BANKS, Defendant

Court:United States District Court, N.D. Florida, Gainesville Division

Date published: Oct 9, 2007

Citations

CASE NO. 1:99-cr-00006-MP (N.D. Fla. Oct. 9, 2007)