Sandles v. United States of America

Filing 2

ORDER DISMISSING CASE signed by Judge Rudolph T Randa on May 1, 2006. (cc: via US Mail to John Eric Sandles)(Randa, Rudolph)

Sandles v. United States of America

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Case 2:06-cv-00536-RTR

Filed 05/01/2006

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Document 2

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

U N IT E D STATES OF AMERICA, P l a i n t i f f, v. C a se No. 92-CR-113 06-C-536

J O H N ERIC SANDLES, Movant.

DECISION AND ORDER

O n May 7, 2003, the Court received the "Petition for Writ of Error Coram Nobis" f iled by the movant John Eric Sandles ("Sandles"). In that motion, Sandles claims that this C o u rt lacked jurisdiction to enter judgment against him. Despite the caption on Sandles's f ilin g , it substantively comes within the purview of 28 U.S.C. § 2255. See United States v. L lo y d , 398 F.3d 978, 980 (7th Cir. 2005). Sandles is attacking his underlying conviction and im p ri s o n m e n t. This is not Sandles's first Section 2255 motion; he has previously filed multiple such m o tio n s . Insofar as Sandles's motion is a successive motion within the meaning of 28 U.S.C. § § 2244 & 2255, and, insofar as Sandles has not obtained authorization from the Court of A p p e a ls to file a successive motion, this Court lacks jurisdiction to consider the substance o f his arguments.

Dockets.Justia.com

Case 2:06-cv-00536-RTR

Filed 05/01/2006

Page 2 of 2

Document 2

N O W , THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY O R D E R E D THAT: T h e Clerk of Court SHALL open a separate case number for Sandles's motion, herein re c h a ra c te riz e d as a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. Sandles's Motion is DISMISSED for lack of jurisdiction. The clerk of court SHALL enter judgment accordingly. Dated at Milwaukee, Wisconsin this 1st day of May, 2006. BY THE COURT

s / Rudolph T. Randa Hon. Rudolph T. Randa C h ie f Judge

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