UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

COQUETTE APRIL FROST,

v. Case No. 8:12-cr-120-T-33SPF 8:19-cv-2062-T-33SPF UNITED STATES OF AMERICA.

______________________________/ ORDER This matter is before the Court on pro se Coquette A. Frost’s

Motion to Vacate, Set Aside or Correct Sentence (Civ. Doc. # 1; Crim. Doc. # 57), filed on August 19, 2019. The United States of America responded on September 20, 2019. (Civ. Doc. # 3). Frost has not filed a reply and the time for filing a reply has expired. For the reasons that follow, the Motion is dismissed for lack of jurisdiction as successive. I. Discussion A prisoner who previously filed a Section 2255 motion must request and receive permission from the Court of Appeals before filing a second or successive one. See

(b)(3)(A) and 2255(h). “Absent such authorization, a district court lacks jurisdiction to consider such a motion.” Hamilton v. United States, No. 8:06-cr-464-T-17TGW,

, at *1 (M.D. Fla. July 3, 2018)(citing Farris v. United States,

(11th Cir. 2003)). Frost previously filed one unsuccessful Section 2255 motion, (Crim. Doc. # 40), which was denied on November 28, 2016. (Crim. Doc. # 49). And Frost has not obtained the Eleventh Circuit’s permission to file a second or successive Section 2255 motion. Frost’s newly-asserted challenge constitutes an improper, successive motion pursuant to

and, therefore, pursuant to Sections 2255(e)

and (h), this Court must dismiss this claim. II. Certificate of Appealability and Leave to Appeal In Forma Pauperis Denied The Court declines to issue a certificate of appealability because Frost has failed to make a substantial showing of the denial of a constitutional right as required by

(c)(2). Nor will the Court authorize Frost to proceed on appeal in forma pauperis because such an appeal would not be taken in good faith. See

(a)(3). Frost shall be required to pay the full amount of the appellate filing fee pursuant to Section 1915(b)(1) and (2). Accordingly, it is now ORDERED, ADJUDGED, and DECREED: Pro se Coquette A. Frost’s

Motion to Vacate, Set Aside, or Correct Sentence (Civ. Doc. # 1; Crim. Doc. # 57) is DISMISSED for lack of jurisdiction as successive. Such dismissal is without prejudice to Frost’s filing a motion in the Eleventh Circuit for permission to file a successive Section 2255 motion to vacate. The Clerk is directed to close this case. DONE and ORDERED in Chambers in Tampa, Florida, this 22nd day of October, 2019.

VIRGINIA M. HERNANDEZ’COVINGTON UNITED STATES DISTRICT JUDGE