Anderson v. United States of America
Filing
3
MEMORANDUM OPINION AND ORDER dismissing as successive 1 Motion to Vacate, set Aside, or Correct Sentence by a Person in Federal Custody (4:13-cr-575-02) (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
United States District Court
Southern District of Texas
ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
RODERICK DEWAYNE ANDERSON,
§
§
§
§
§
§
§
§
§
Petitioner/Defendant,
v.
UNITED STATES OF AMERICA,
Respondent/Plaintiff.
June 05, 2017
David J. Bradley, Clerk
CIVIL ACTION NO: H-17-1264
(Criminal No. H-13-575-02)
MEMORANDUM OPINION AND ORDER
On July 10, 2015, defendant, Roderick Dewayne Anderson, filed
a Motion Under 28 U.S.C.
§
2255 to Vacate, Set Aside, or Correct
Sentence By a Person in Federal Custody ( "§ 2255 Motion")
Action No.
2016,
H-15-1985)
(Docket Entry No.
191) . 1
On February 11,
the court entered a Memorandum Opinion and Order
Entry No.
231)
dismissing the
Judgment
(Docket
Entry
§
No.
(Civil
(Docket
2255 Motion and entered a Final
232)
dismissing
Civil
Action
No. H-15-1985.
On April 24, 2017, Anderson filed a second Motion Under 28
U.S.C.
§
2255 to Vacate, Set Aside, or Correct Sentence By a Person
in Federal Custody (Docket Entry No. 300).
filed a Motion to Dismiss
28 U.S.C.
§
§
The United States has
2255 Motion (Docket Entry No. 308).
2255(h) states:
A second or successive motion must be certified
as provided in section 2244 by a panel of the
appropriate court of appeals to contain-
1
All docket entry references are to Criminal No. H-13-575.
(1)
newly discovered evidence that, if proven
and viewed in light of the evidence as a whole,
would be sufficient to establish by clear and
convincing
evidence
that
no
reasonable
factfinder would have found the movant guilty
of the offense; or
(2)
a new rule of constitutional law, made
retroactive to cases on collateral review by
the
Supreme
that
was
previously
Court,
unavailable.
This
provision
and
28
U.S.C.
§
2244(b) (3) (A)
act
as
a
jurisdictional bar to a district court's consideration of a successive habeas petition until the court of appeals has authorized the
district court to consider it.
Because Anderson's second
2255
§
motion is successive and Anderson has not obtained authorization
from the United States Court of Appeals for this court to consider
it, the government's Motion to Dismiss
§
2255 Motion (Docket Entry
No. 308) is GRANTED, and Anderson's Motion Under 28 U.S.C.
2255
§
to Vacate, Set Aside, or Correct Sentence By a Person in Federal
Custody (Docket Entry No. 300) is DISMISSED AS SUCCESSIVE.
The Clerk of Court is ORDERED to provide a
copy of this
Memorandum Opinion and Order to Roderick Dewayne Anderson and to
the United States Attorney for the Southern District of Texas, and
to
file
a
copy
of
this
Memorandum
Opinion
and
Order
in
the
corresponding civil action.
SIGNED at Houston, Texas, on this the 5th
2017.
SIM LAKE
UNITED STATES DISTRICT JUDGE
-2-
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