Citation Codes Equivalent Citations citation codes Docket Number CASE NO. 5:06cv261/RS. Judges John Richard Smoak Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Federal Custody; Remedies On Motion Attacking Sentence Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Issuance Of Writ; Return; Hearing; Decision See more information ... Smart Summary Please sign up to generate summary. TIMOTHY C. WILLIS, Petitioner, v. WARDEN, FCI MARIANNA, Respondent. ORDER RICHARD SMOAK, District Judge Before me is the Magistrate Judge's Report and Recommendation (Doc. 11) and Petitioner's Objections To Magistrate Judge's Report and Recommendation (Doc. 14). I have reviewed Petitioner's objections de novo. Petitioner has previously filed a petition pursuant 28 U.S.C. § 2255, which was denied. Petitioner is not entitled to file a successive § 2255 petition because he does not allege that his claim is based upon a retroactively applicable Supreme Court decision which overturned Eleventh Circuit precedent. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order. 2. The Amended Petition for Writ of Habeas Corpus (Doc. 8) is dismissed with prejudice pursuant to Rule 4, Rules Governing Section 2254 Cases, and 28 U.S.C. § 2243. 3. The clerk is directed to close the file. ORDERED.