Woods v. United States of America

Filing 2

ORDER DISMISSING CASE signed by Judge Rudolph T. Randa on 2/14/2014 DENYING ( 1 in 14-C-163) (1 in 14-C-164) MOTIONS to Vacate, Set Aside or Correct Sentence (2255). Action DISMISSED for lack of jurisdiction. The Court declines to issue certificate of appealability. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
Case No. 95-CR-194
99-CV-775
(14-C-163)
(14-C-164)

-vsO’NEAL WOODS,
Movant.

DECISION AND ORDER

On December 26, 2013, O’Neal Woods filed a motion for reconsideration
under Federal Rule of Civil Procedure 59(e). This motion was docketed in Case No.
95-CR-194. On January 29, 2014, Woods filed a motion for relief from judgment,
citing Federal Rule of Civil Procedure 60(b)(4) and (6). This motion was docketed in
Case No. 99-CV-775. Both of these motions are unauthorized, successive collateral
attacks on his sentence. 28 U.S.C. §2255(h). “Prisoners cannot avoid the AEDPA’s
rules by inventive captioning. Any motion filed in the district court that imposed the
sentence, and substantively within the scope of [§ 2255(a)], is a motion under § 2255,
no matter what title the prisoner plasters on the cover.” Melton v. United States, 359
F.3d 855, 857 (7th Cir. 2004) (emphasis in original).
Accordingly, the Court lacks jurisdiction to consider Woods’ motions. The
Clerk of Court is DIRECTED to open separate civil ' 2255 actions with Woods’
motions [ECF No. 306 in Case No. 95-CR-194 and ECF No. 2 in Case No. 99-

CV0775], which are DISMISSED for lack of jurisdiction. The Court will not issue
certificates of appealability with respect to these actions. Rule 11(a), Rules Governing
Section 2255 Proceedings.
Dated at Milwaukee, Wisconsin, this 14th day of February, 2014.
BY THE COURT:

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

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