Wallace v. Tegels

Filing 5

ORDER DISMISSING CASE signed by Judge Rudolph T. Randa on 5/8/2013. Matter DISMISSED for lack of jurisdiction. Court will not issue certificate of appealability. (cc: all counsel, via US mail to E.P. Wallace at Jackson Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

EP WALLACE,
Petitioner,
-vs-

Case No. 13-C-439

LIZZIE TEGELS,
Warden, Jackson Correctional Institution,
Respondent.

DECISION AND ORDER

EP Wallace petitions for relief under 28 U.S.C. § 2254. This petition is second or
successive to an action that was already dismissed on the merits and affirmed on direct
appeal. Wallace v. Hepp, Case No. 12-C-360 (E.D. Wis.). Therefore, this matter is
DISMISSED for lack of jurisdiction. § 2244(b)(3)(A). The Court will not issue a certificate
of appealability. Rule 11(a), Rules Governing Section 2254 Cases.
Dated at Milwaukee, Wisconsin, this 8th day of May, 2013.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge