Boulb v. USA

Filing 28

MEMORANDUM AND ORDER, dismissing 27 MOTION to Appoint Counsel filed by Brian K Boulb. Signed by Judge J. Phil Gilbert on 10/31/2017. (jdh)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS BRIAN K. BOULB, Plaintiff, v. Case No. 3:14-cv-00737-JPG UNITED STATES OF AMERICA, Defendant. MEMORANDUM & ORDER J. PHIL GILBERT, DISTRICT JUDGE This matter comes before the Court on Brian Boulb’s Motion for Resentencing and Appointment of Counsel. (Doc. 27.) Boulb’s motion is not the proper vehicle to seek resentencing. If Boulb believes that the Court imposed his sentence in violation of the Constitution or laws of the United States, and he wishes to file another 28 U.S.C § 2255 petition, he must follow the second or successive motion requirements contained in the statute. Accordingly, the Court DISMISSES Boulb’s motion. IT IS SO ORDERED. DATED: OCTOBER 31, 2017 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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