Austin v. FCI Cumberland, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Chad E. Austin
v.
FCI Cumberland, Warden
Case No. 19-cv-291-PB
ORDER
After due consideration of the objection filed, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea
K. Johnstone dated April 3, 2019. 	The pending motions (Doc.
Nos. 1 and 3) are denied without prejudice. The clerk’s office
shall recharacterize this case as a successive § 2255 motion,
and transfer this matter to the First Circuit to consider
whether Austin may be granted leave to file a second § 2255
motion in this court.
____________________________
Paul Barbadoro
United States District Judge
Date: April 20, 2019
/s/ Paul Barbadoro
Case 1:19-cv-00291-PB Document 6 Filed 04/22/19 Page 1 of 1