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)

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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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