Jones v. USA, No. 1:2013cv00267 - Document 21 (N.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, DENYING PETITIONER'S MOTION, OVERRULING PETITIONER'S OBJECTIONS, DENYING MOTION FOR APPOINTED COUNSEL, DISMISSING CIVIL ACTION AND GRANTI NG CERTIFICATE OF APPEALABILITY. This Court lacks jurisdiction to consider Jones' second and successive 1 2255 motion; therefore, the Magistrate Judge's 9 Report and Recommendation is affirmed and adopted, Jones' 1 Motion to Va cate pursuant to 22 USC 2255 is denied, 18 and 19 Objections are overruled and his 20 Motion for Appointed Counsel is denied. It is ordered that this civil action be DISMISSED WITH PREJUDICE and STRICKEN from the active docket of this Court. The Court grants a certificate of appealability and the Petitioner must file a notice of appeal with the Clerk of this Court within 60 days after the date of the entry of this Order. The Clerk is directed to enter a separate judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 3/28/16. (Copy PS Petitioner via cert. mail)(mh) (Additional attachment(s) added on 3/28/2016: # 1 Certified Mail Return Receipt) (mh).