Lampley v. O'Brien, No. 5:2016cv00006 - Document 16 (N.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING THE 14 REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE. The petitioners petition is DISMISSED WITHOUT PREJUDICE to the petitioners right to seek authorization from the United States Court of Appeals for the Eleventh Circuit to file a second or successive § 2255 motion; (2) the petitioners amended motion is construed as a 10 motion to supplement and that motion is GRANTED; and (3) the respondents 11 motion to dismiss is DENIE D AS MOOT. It is ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 6/2/16. (copies to Pro Se Petitioner via CM/rrr; counsel via CM/ECF)(lmm) (Additional attachment(s) added on 6/2/2016: # 1 Certified Mail Return Receipt) (lmm).