USA v. LEIBA et al

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
UNITED STATES OF AMERICA
v. Case Nos.: 3:19cr117/TKW/MAL
3:26cv4896/TKW/MAL
SAM JONES, JR.,
Defendant.
_____________________________/
REPORT AND RECOMMENDATION
This matter is before me upon Defendant Sam Jones Jr.’s motion to vacate,
set aside or correct sentence pursuant to 28 U.S.C. § 2255 and supporting
memorandum of law. ECF Nos. 192, 193.
Defendant previously filed a § 2255 motion that was denied on the merits.
ECF No. 186. Therefore, 28 U.S.C. § 2255(h) requires, as the district court
previously advised, that he obtain permission from the Eleventh Circuit before filing
a second or successive motion. See ECF No. 189, 191.
There is no indication in the motion that Defendant was granted (or even
requested) permission from the Eleventh Circuit to file this motion, and the Eleventh
Circuit’s electronic records confirm that no such request was filed as of this date.
Therefore, the Court does not have jurisdiction to consider the merits of Defendant’s
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second § 2255 motion. See Burcks v. United States, 842 F. App’x 500, 502 (11th
Cir. 2021) (citing Farris v. United States, 333 F. 3d 1211, 1216 (11th Cir. 2003)).
Accordingly, it is RECOMMENDED that Defendant’s motion to vacate, set
aside, or correct sentence pursuant to 28 U.S.C. § 2255 be dismissed for lack of
jurisdiction.
DONE on August 5, 2026.
s/ Midori A. Lowry
Midori A. Lowry
United States Magistrate Judge
NOTICE TO THE PARTIES
The case was referred to a magistrate judge for the issuance of all preliminary
orders and any recommendations to the district court regarding dispositive matters.
See N.D. Fla. Loc. R. 72.2(B); see also 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b).
Objections to these proposed findings and recommendations must be filed within
fourteen days of the date of the Report and Recommendation. Any different
deadline that may appear on the electronic docket is for the court’s internal use only
and does not control. An objecting party must serve a copy of its objections on all
other parties. A party who fails to object to the magistrate judge’s findings or
recommendations contained in a report and recommendation waives the right to
challenge on appeal the district court’s order based on the unobjected-to factual and
legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636.
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