Opinion
Case No: 5:88cr5040/RV, 5:10cv284/RV/EMT.
September 20, 2011
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated August 4, 2011 (doc. 299). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections.
Having considered the Report and Recommendation, and any timely filed objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. The Government's motion to dismiss (doc. 296) is GRANTED, and Defendant's amended motion to vacate pursuant to 28 U.S.C. § 2255 (doc. 293), is DENIED and DISMISSED, as this court lacks jurisdiction to consider a successive motion absent permission from the Eleventh Circuit.
3. Defendant's alternative motion pursuant to 18 U.S.C. § 3582 (doc. 298) is DENIED without prejudice to its refiling when and if Amendment 750 takes effect. DONE AND ORDERED