govinfo:USCOURTS-gand-1_95-cr-00297-1

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IN THE UNITED STATES DISTRICT COURT 
 FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
XZAVIOUS MONTREZ BROWN, 
 
Movant, 
  
   v. 
 
UNITED STATES OF AMERICA, 
     
Respondent. 
 
 
        
       CRIMINAL ACTION NO. 
       1:95-cr-00297-WMR 
 
       CIVIL ACTION NO. 
       1:26-cv-00538-WMR 
 
 
 
 
 
 
 
ORDER 
 In his criminal case, Xzavious Brown has filed a motion to vacate his sentence 
pursuant to 28 U.S.C. § 2255 . (Doc. 134). Brown has also filed Civil Action No.  
1:26-cv-00538 a gainst the Government requesting the same relief. After 
consideration, t he Magistrate Judge entered a Report and Recommendation, 
recommending that Brown’s motion to vacate be denied and that Civil 
Action No. 1:26-cv-00538 be closed because the Court lacks jurisdiction to consider 
a second or successive § 2255 motion. See United States v. Holt , 417 F.3d 1172, 
1175 (11th Cir. 2005). 
 After a complete review, a district judge may accept, reject, or modify a 
magistrate judge’s report and recommendation. See 28 U.S.C. § 636(b)(1). If a party 
Case 1:95-cr-00297-WMR-CCB     Document 137     Filed 03/20/26     Page 1 of 2
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files a timely and specific objection to a finding or recommendation by a magistrate 
judge, the district judge must conduct a de novo review with respect to that factual 
issue. See Stokes v. Singletary , 952 F.2d 1567, 1576 (11th Cir. 1992) ; 
28 U.S.C.§ 636(b)(1). Even in the absence of an objection, the district judge reviews 
the magistrate judge’s legal conclusions de novo. See Cooper-Houston v. S. Ry. Co., 
37 F.3d 603, 604 (11th Cir. 1994). 
 In the absence of any timely objection and after reviewing the factual findings 
and legal conclusions, the Court ADOPTS the Report and Recommendation  
(Doc. 135) and makes it part of this Order for all purposes.  The motion to vacate 
(Doc. 134)  is DENIED. The Clerk of Court shall close Civil 
Action No. 1:26-cv-00538. 
IT IS SO ORDERED, this 20th day of March, 2026.  
       
 
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