Boykin v. United States of America

Filing 2

MEMORANDUM OPINION. Signed by Judge James H Hancock on 6/20/2013. (JLC)

FILED
2013 Jun-20 AM 10:19
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

DONCEY FRANK BOYKIN,
Movant,

)
)

v.

)

UNITED STATES OF AMERICA,

)

Respondent.

2:00-cr-188-JHH
2:13-cv-8020-JHH

)

MEMORANDUM OPINION
The court has before it the June 11, 2013 Motion (Doc. #1) to Vacate, Set
Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 filed by Doncey Frank
Boykin. The court is very familiar with Boykin, having just addressed a postconviction motion last month. See Case No. 2:13-cv-8012-JHH. As stated in the
memorandum opinion in that case (doc. # 7), the long and extensive history of
Boykin’s post-conviction motions makes one thing crystal clear: the June 11, 2013
Motion (Doc. #1) to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. §
2255 is not Boykin’s first § 2255 motion, and is at least Boykin’s fourth such motion.
Successive motion pursuant to § 2255 may not be reviewed by this court unless the
defendant first obtains permission from the Eleventh Circuit Court of Appeals to file
the same. 28 U.S.C. § 2255(h); 28 U.S.C. § 2244(b)(3)(A); Jackson v. Crosby, 437

F.3d 1290, 1294-95 (11th Cir. 2006). It is undisputed that Boykin has not obtained
the requisite permission from the Eleventh Circuit Court of Appeals. As such, the
court’s hands are tied, and it cannot consider the present motion.
Because Boykin has not satisfied this requirement, the court is without
jurisdiction to entertain his successive § 2255 motion.

A separate order will be

entered dismissing this action without prejudice. The Clerk is DIRECTED to mail
a copy of this order to the Movant and the United States Attorney for the Northern
District of Alabama.
DONE this the

20th

day of June, 2013.

SENIOR UNITED STATES DISTRICT JUDGE

2