Perez v. USA

Filing 4

ORDER dismissing petition for lack of jurisdiction re: 1 Motion to Vacate Sentence - 2255. Clerk to enter judgment and close the case. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Felix A. Perez
v.

Civil No. 12-cv-314-JD

United States of America
O R D E R
The petitioner, Felix Perez, filed a petition for habeas
corpus relief pursuant to 28 U.S.C. § 2254.

Perez had previously

filed a petition for habeas corpus relief with this court on
September 10, 2010.

See Felix A. Perez v. United States, No.

1:10-cv-402-JD (document no. 1).

“Before a second or successive

application [for habeas corpus relief] is filed in the district
court, the applicant shall move in the appropriate court of
appeals for an order authorizing the district court to consider
the application.”

28 U.S.C. § 2244(b)(3)(A).

Because Perez did

not move in the First Circuit for leave to file a second or
successive petition for habeas corpus relief, this court does not
have jurisdiction over Perez’s petition.

See Pratt v. United

States, 129 F.3d 54, 57 (1st Cir. 1997).

Conclusion
Accordingly, the petition is dismissed for lack of
jurisdiction.

The petitioner may seek authorization from the

United States Court of Appeals for the First Circuit to file a
second or successive petition.

The clerk of court shall enter

judgment accordingly and close the case.

SO ORDERED.

____________________________
Joseph A. DiClerico, Jr.
United States District Judge
September 6, 2012
cc:

Seth R. Aframe, Esquire
Felix A. Perez #04182-049, pro se

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