IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION TONY JAMES LEFLORE, ) ) Petitioner, ) ) v. ) CASE NO. 2:17-CV-393-WKW ) [WO] UNITED STATES OF AMERICA, ) ) Respondent. )

ORDER On February 8, 2023, the Magistrate Judge filed a Recommendation (Doc. # 86) to which Petitioner filed an objection (Doc. # 87). The objection does not call into question the Recommendation’s proposed finding that Petitioner’s Rule 60(b) motion is a disguised, successive

motion, which he filed without the required appellate court authorization. Based upon a de novo review of the record, it is ORDERED as follows: (1) Petitioner’s objection (Doc. # 87) is OVERRULED; (2) The Recommendation (Doc. # 86) is ADOPTED; (3) The motion (Doc. # 75) is DISMISSED without prejudice for lack of subject matter jurisdiction; and (4) This case remains closed. Final judgment will be entered separately. Petitioner is not required to obtain a certificate of appealability to appeal the final judgment, should he desire to do so,

because it is not “‘a final order in a habeas corpus proceeding’” within the meaning of

(c). Hubbard v. Campbell,

(11th Cir. 2004) (quoting § 2253(c)).

DONE this 7th day of March, 2023. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE