Rogers v. United States of America

Filing 2

OPINION AND ORDER finding that petition 1 is SUMMARILY DISMISSED as not properly before this court. Civil Case Terminated. Signed by Judge Robert L Miller Jr on 6/15/2005. (rmn )

Rogers v. United States of America

Doc. 2

case 3:05-cv-00359-RLM-CAN

document 2

filed 06/15/2005

page 1 of 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION ROBERT ROGERS, Petitioner v. UNITED STATES OF AMERICA, Respondent ) ) ) ) ) ) ) ) )

CAUSE NO. 3:05-CV-359 RM (Arising from 93-CR-00059(04)RM)

OPINION AND ORDER On June 13, Mr. Robert Rogers filed yet another petition to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Mr. Rogers already filed at least three previous § 2255 petitions, so this filing must be again be considered a second or successive petition. 28 U.S.C. § 2244 provides that before a second or successive motion is filed with the district court, "the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application." Accordingly, Mr. Rogers' petition is SUMMARILY DISMISSED [Doc. No. 1 of the civil docket] as not properly before this court. SO ORDERED. ENTERED: June 15, 2005 /s/ Robert L. Miller, Jr. Chief Judge United States District Court cc: R. Rogers AUSA Office

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