U.S. v. PARKER

Case No. 4:90cr4007/WS/CAS, No. 4:17cv289/WS/CAS.

UNITED STATES OF AMERICA, v. ERIC ANTONIO PARKER, Defendant.

United States District Court, N.D. Florida, Tallahassee Division.


Attorney(s) appearing for the Case

ERIC ANTONIO PARKER, Defendant, Pro Se.


REPORT AND RECOMMENDATION

CHARLES A. STAMPELOS, Magistrate Judge.

This cause is before the court on Defendant's "Application for Leave to File a Second or Successive Motion to Vacate, Set Aside or Correct Sentence" and application to proceed in forma pauperis. (ECF No. 150). The clerk docketed Defendant's submission as a motion to vacate pursuant to 28 U.S.C. § 2255, and opened a corresponding civil case. However, in reviewing the pleading it is evident that Defendant intended to file his application in the Eleventh Circuit Court of Appeals, but that it was filed in this court in error.

Accordingly, it is respectfully RECOMMENDED that:

1. Defendant's "Application for Leave to File a Second or Successive Motion to Vacate, Set Aside or Correct Sentence," (ECF No. 150), be DISMISSED without prejudice. 2. The Clerk forward Defendant's application to the Eleventh Circuit Court of Appeals.

DONE AND ORDERED.


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