Sandoval v. United States of America

Filing 2

ORDER AND OPINION Entered by Judge Joe Billy McDade on 3/5/2013. IT IS THEREFORE ORDERED that Petitioner's Motion under 28 U.S.C. 2255 1 is dismissed for lack of jurisdiction. Case terminated. (cc: Petitioner) (KB, ilcd)

E-FILED

Wednesday, 06 March, 2013 08:46:26 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ROCK ISLAND DIVISION
MARCELO SANDOVAL,

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)
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Petitioner,
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v.
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UNITED STATES OF AMERICA, )
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Respondent.

Case No. 13-cv-4014

ORDER & OPINION
Petitioner filed a Motion to Vacate, Set Aside, or Correct Sentence for
criminal case 99-cr-40019 pursuant to 28 U.S.C. § 2255 on February 15, 2013. (Doc.
1). Petitioner, however, has previously filed a § 2255 motion with this Court based
on the same conviction. (02-cv-4100, Doc. 1). Pursuant to § 2255(h), the Court of
Appeals must certify a second or successive motion before it may come before this
Court for review. Thus, the Court dismisses the present motion as an unauthorized
successive motion under § 2255, over which this Court lacks subject matter
jurisdiction.
IT IS THEREFORE ORDERED that Petitioner’s Motion under 28 U.S.C. §
2255 (Doc. 1) is DISMISSED FOR LACK OF JURISDICTION.
CASE TERMINATED.

Entered this 5th day of March, 2013.
s/ Joe B. McDade
JOE BILLY McDADE
United States Senior District Judge