Wrolen v. USA

Filing 2

MEMORANDUM AND ORDER dismissing this action for lack of jurisdiction. Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 7/23/2012. (dka, )

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RICHARD D. WROLEN,
Petitioner,
v.

Case No. 12-cv-780-JPG

UNITED STATES OF AMERICA,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on petitioner Richard D. Wrolen’s motion to vacate, set
aside or correct his sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). It has come to the Court’s
attention that this is not Wrolen’s first § 2255 motion. He filed his first motion in January 2009,
and the Court denied it. See No. 09-cv-51-JPG. In order for the Court to consider a successive
petition, the Seventh Circuit Court of Appeals must certify the successive petition pursuant to 28
U.S.C. § 2255(h). Nunez v. United States, 96 F.3d 990, 991 (7th Cir. 1996). It has not done so.
Therefore, the Court does not have jurisdiction to entertain the pending § 2255 motion.
Accordingly, the Court hereby DISMISSES this action for lack of jurisdiction and DIRECTS
the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.
DATED: July 23, 2012
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE