Wrice v. USA

Filing 28

MEMORANDUM AND ORDER denying 25 Motion for Leave to File and denying 25 Motion to Appoint Counsel. The Court DIRECTS the Clerk of Court to send a copy of Wrice's motion to the Seventh Circuit Court of Appeals for further review. The Court further DIRECTS the Clerk of Court to file a copy of this order in Wrice's civil and criminal cases mentioned herein. Signed by Judge J. Phil Gilbert on 6/5/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
HOLLI WRICE,
Petitioner,
Civil Case No. 3:16-cv-00663-JPG
--Criminal Case No. 4:10-cr-40065-JPG-1

v.
UNITED STATES OF AMERICA,
Respondent.

MEMORANDUM AND ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on petitioner Holli Wrice’s motion for leave to file a
second or successive motion under 28 U.S.C. § 2255. (Civil Case No. 3:16-cv-00663-JPG, ECF
Doc. 25; Criminal Case No. 4:10-cr-40065-JPG-1, Doc. 110.) In order for this Court to consider
a successive petition, the Seventh Circuit Court of Appeals must certify it pursuant to 28 U.S.C.
§ 2255(h). Curry v. United States, 507 F.3d 603, 604 (7th Cir. 2007); Nunez v. United States, 96
F.3d 990, 991 (7th Cir. 1996). Wrice has incorrectly filed her motion in this Court rather than
with the Seventh Circuit Court of Appeals. Accordingly, the Court must DENY Wrice’s motion,
but the Court also DIRECTS the Clerk of Court to send a copy of Wrice’s motion to the Seventh
Circuit Court of Appeals for further review. The Court further DIRECTS the Clerk of Court to
file a copy of this order in Wrice’s civil and criminal cases mentioned herein.
IT IS SO ORDERED.
DATED: JUNE 5, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE