Jackson v. United States of America

Filing 7

MEMORANDUM AND ORDER OF TRANSFER re: 6 PRO SE MOTION filed by Petitioner Thomas Jackson ; IT IS HEREBY ORDERED that the Clerk of Court shall transfer the instant motion to vacate, set aside, or correct sentence to the United States Court of Appeals for the Eighth Circuit pursuant to 28 U.S.C. § 1631.. Signed by District Judge Carol E. Jackson on 11/16/12. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
THOMAS JACKSON,
Movant,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 4:05-CV-212 (CEJ)

MEMORANDUM AND ORDER OF TRANSFER
This matter is before the Court on the motion of Thomas Jackson for leave to
file a successive motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C.
§ 2255.
Jackson pleaded guilty to possession of cocaine base with intent to distribute.
Jackson qualified as a career offender and was sentenced to 216 months
imprisonment. He filed a motion pursuant to § 2255, which was denied on February
19, 2008. In his present motion, he seeks to challenge his status as a career offender
under a case announced after he was sentenced, United States v. Simmons, 649 F.3d
237 (4th Cir. 2011).
Under 28 U.S.C. § 2255, a “second or successive motion must be certified as
provided in section 2244 by a panel of the appropriate court of appeals.” There is no
indication that the United States Court of Appeals for the Eighth Circuit has certified
the instant § 2255 motion as required by § 2244(b)(3)(A). As such, this Court lacks
authority to grant petitioner the relief he seeks. Rather than dismiss this action, the
Court will transfer the motion to the Eighth Circuit Court of Appeals pursuant to 28
U.S.C. § 1631.

Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court shall transfer the instant
motion to vacate, set aside, or correct sentence to the United States Court of Appeals
for the Eighth Circuit pursuant to 28 U.S.C. § 1631.

___________________________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 16th day of November, 2012.

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