Dietrich v. United States of America

Filing 1

OPINION AND ORDER: DENYING motion to vacate pursuant to 28 U.S.C. § 2255 as not properly before this court. ***Civil Case Terminated. Signed by Judge Robert L Miller, Jr on 5/30/12. (jld)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
ROBERT DIETRICH,
Petitioner
vs.
UNITED STATES OF AMERICA,
Respondent

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CAUSE NO. 3:12-CV-262 RM
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OPINION and ORDER
Robert Dietrich has filed a motion pursuant to 28 U.S.C. § 2255 to vacate,
set aside, or correct the judgment entered against him on August 27, 2009. Mr.
Dietrich claims he received ineffective assistance of appellate counsel, a fact he
says he only recently discovered when “another inmate reviewed the procedural
history of [his] case . . . and discovered that the appellate counsel was ineffective.”
Petn., at ¶ 18.
This court denied Mr. Dietrich’s original § 2255 petition on April 21, 2010,
and the Seventh Circuit Court of Appeals affirmed that decision on November 19,
2010. Thus, Mr. Dietrich’s current filing must be considered to be a second or
successive petition under § 2255. 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.”

Because Mr. Dietrich hasn’t alleged or established that he received proper
authorization to file a successive motion, his petition [filed May 24, 2012] is
DENIED as not properly before this court.
SO ORDERED.
ENTERED:

May 30, 2012

/s/ Robert L. Miller, Jr.
Judge, United States District Court
cc:

R. Dietrich
AUSA Barrett

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