Anderson v. United States of America
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
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
RODERICK DEWAYNE ANDERSON,
UNITED STATES OF AMERICA,
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")
(Docket Entry No.
191) . 1
On February 11,
the court entered a Memorandum Opinion and Order
2255 Motion and entered a Final
On April 24, 2017, Anderson filed a second Motion Under 28
2255 to Vacate, Set Aside, or Correct Sentence By a Person
in Federal Custody (Docket Entry No. 300).
filed a Motion to Dismiss
The United States has
2255 Motion (Docket Entry No. 308).
A second or successive motion must be certified
as provided in section 2244 by a panel of the
appropriate court of appeals to contain-
All docket entry references are to Criminal No. H-13-575.
newly discovered evidence that, if proven
and viewed in light of the evidence as a whole,
would be sufficient to establish by clear and
factfinder would have found the movant guilty
of the offense; or
a new rule of constitutional law, made
retroactive to cases on collateral review by
2244(b) (3) (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
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.
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
corresponding civil action.
SIGNED at Houston, Texas, on this the 5th
UNITED STATES DISTRICT JUDGE
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