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RASHAAN J. WATKINS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

ORDER

JOSEPH GOODWIN, District Judge

Pending before the court is the petitioner's "Motion Pursuant to 60(b)(6) of Federal Rules of Civil Procedure Seeking Relief form this Court's Order dated January 12, 2004" [Docket 394]. This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the court dismiss the petitioner's Rule 60(b)(6) motion.

The petitioner filed an Objections to the Magistrates (sic) Judge Proposed Findings of Fact and Recommendation to Movants Rule 60(b)(6) Motion. The court construes the motion as timely filed objections to the Magistrate Judge's findings and recommendation. Having reviewed the petitioner's objections de novo, the court FINDS that they are without merit. Specifically, the court HOLDS that petitioner's motion is an attempt to file a successive postconviction motion which requires certification from a Fourth Circuit panel before this court may exercise jurisdiction. 28 U.S.C. § 2255 (2000). Accordingly, the court accepts and incorporates herein the findings and recommendation of the Magistrate Judge, and DISMISSES the petitioner's Rule 60(b) motion for lack of jurisdiction.

The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.

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WATKINS v. U.S
(Nov 1, 2005)