UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 20-cv-22589-WILLIAMS

EDDIE L. PICKETT,

Plaintiff,

v.

UNITED STATES OF AMERICA,

Defendant. /

ORDER

THIS MATTER is before the Court upon Magistrate Judge Lisette M. Reid’s Report and Recommendation (DE 6) on Petitioner’s pro se Motion to Vacate pursuant to

. Magistrate Judge Reid recommends dismissal for lack of subject matter jurisdiction as Petitioner’s Motion is an unauthorized successive filing. Furthermore, Magistrate Judge Reid recommends that no certificate of appealability issue given that “jurists of reason would [not] find it debatable whether the district court was correct in its procedural ruling.” (DE 6 at 6) (quoting Slack v. McDaniel,

(2000)). Petitioner did not file objections to the Report but did file a Motion for Certificate of Appealability (DE 8) in response to the Report. The Government filed a response in opposition to the motion (DE 9). Upon and independent review of the Report (DE 6), the record, and applicable case law, it is ORDERED AND ADJUDGED: 1. The conclusions in the Report (DE 6) are AFFIRMED AND ADOPTED. 2. Petitioner’s Motion for Certificate of Appealability (DE 8) is DENIED. No certificate of appealability shall issue. 4. The Clerk is directed to CLOSE this case. DONE AND ORDERED in chambers in Miami, Florida, this 9th day of February, 2021.

KATHLEEN M. WILLIAMS UNITED STATES DISTRICT JUDGE

CC: Eddie L. Pickett 06275-104 Coleman I-USP United States Penitentiary Inmate Mail/Parcels Post Office Box 1033 Coleman, FL 33521 PRO SE Noticing 2255 US Attorney Email: usafls-2255 @ usdoj.gov