Opinion
CASE NO. 16-CV-80732-HURLEY CASE NO. 04-CR-80011-HURLEY
05-17-2016
SEAN L. BRAY, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION & DIRECTING THE CLERK TO TRANSFER THE CASE
THIS CAUSE is before the court upon receipt of a Report and Recommendation [DE 6] from the Honorable Patrick A. White, United States Magistrate Judge. The Court has reviewed the R&R and will adopt in in toto. The Court is futher aware of the liberal pleading standard afforded pro se litigants, see Haines v. Kerner, 404 U.S. 519 (1972), and is particularly mindful of the narrow window for consideration of claims seeking relief under the Supreme Court's decision in Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551 (2015). Accordingly, it is
ORDERED and ADJUDGED:
1. The Magistrate Judge's Report and Recommendation, dated May 16, 2016, [DE 6] is hereby APPROVED AND ADOPTED in full. Movant's motion shall be treated as a motion for leave to file a second successive § 2255 motion to vacate his sentence.
2. Pursuant to 28 U.S.C. § 1631, the Clerk of this Court shall electronically transfer Movant's motion to the United States Court of Appeals for the Eleventh Circuit. Furthermore, the Clerk shall immediately provide the Movant with a form to seek
authorization from the Court of Appeals to file a successive § 2255 motion.
3. This case shall be STAYED and ADMINISTRATIVELY CLOSED pending authlorization from the Court of Appeals.
DONE and SIGNED in Chambers at West Palm Beach, Florida, this 17th day of May, 2016.
/s/
Daniel T. K. Hurley
Senior United States District Judge cc: Judge White
The parties