Johnigan v. USA

Filing 6

ORDER - movant's motion to dismiss 5 is GRANTED. All remaining motions are DENIED AS MOOT. Signed on 11/13/17 by District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
ANTHONY JOHNIGAN,
Movant,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 16-00693-CV-W-FJG
Crim. No. 94-00024-01-CR-W-FJG

ORDER
Pending in this matter are (1) movant’s second or successive motion to correct
sentence under 28 U.S.C. § 2255; (2) movant’s Motion to Stay and Hold Habeas
Corpus Petition in Abeyance Pending Certification to Proceed from Eighth Circuit (Doc.
No. 2); (3) the Government’s Motion to Dismiss Unauthorized Successive § 2255
Motion (Doc. No. 4); and (4) Movant’s Motion to Dismiss Case (Doc. No. 5).
Movant notes that he sought permission of the Eighth Circuit to pursue a second
2255 motion in 2016. That permission was denied by the Eighth Circuit on November 6,
2017. Therefore, as noted by movant, this Court lacks jurisdiction to hear movant’s
motion to vacate, and it must be dismissed.
Accordingly, movant’s motion to dismiss (Doc. No. 5) is GRANTED.

All

remaining motions are DENIED AS MOOT.
IT IS SO ORDERED.

Date: November 13, 2017
Kansas City, Missouri

S/ FERNANDO J. GAITAN, JR.
Fernando J. Gaitan, Jr.
United States District Judge