Opinion
Nos. 3-01-CR-273-M, (3-03-CV-1957-M).
March 14, 2005
JUDGMENT
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 motion for relief from judgment, construed as a motion to vacate, set aside, or correct the sentence pursuant to 28 U.S.C. § 2255, be, and it is hereby dismissed without prejudice to Movant's right to file a motion for leave to file a second or successive § 2255 motion in the United States Court of Appeals for the Fifth Circuit pursuant to 28 U.S.C. §§ 2244(b)(3)(A) and 2255.
IT IS FURTHER ORDERED that the Clerk is directed to open for statistical purposes a new civil action (nature of suit 510, motion to vacate, set aside or correct sentence, directly assigned to the same district judge and magistrate judge as (3-03-CV-1957-M) and close the same on the basis of the District Court's order.
A copy of this order shall be transmitted to Movant.