Rozelle v. USA
ORDER Dismissing Motion to Vacate, Set Aside or Correct Sentence (2255). Signed by Judge Frank D. Whitney on 2/23/07. (chh)
Rozelle v. USA
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:07CV83-3-W 92cr284-07-P
MICHAEL T. ROZELLE,
Petitioner, v. UNITED STATED OF AMERICA, Respondent.
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THIS MATTER comes before the Court upon the Petitioner's Motion to Vacate, Set Aside, or Correct Sentence, filed February 16, 2007. The Petitioner has filed two previous motions to vacate (case no. 3:97cv205-P on 4/21/97 and successive motion to vacate on 8/10/98) both of which were been denied. Under the Antiterrorism and Effective Death Penalty Act (AEDPA), "a second or successive motion must be certified . . . by a panel of the appropriate court of appeals . . ." 28 U.S.C. § 2255 (1997). Therefore, the Petitioner must first certify his claim with the Fourth Circuit Court of Appeals before he can file his successive claim in the District Court. THEREFORE, IT IS HEREBY ORDERED that Petitioner's Motion to Vacate, Set Aside or Correct Sentence is DISMISSED without prejudice as successive.
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Signed: February 23, 2007
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