Rivas v. United States of America

Filing 2

ORDER DISMISSING CASE signed by Judge Rudolph T. Randa on 6/25/2014. 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) by Nelson Rivas DISMISSED for lack of jurisdiction. The Court declines to issue a certificate of appealability. (cc: all counsel, via US mail to Nelson Rivas at Hazelton US Penetentiary)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
Case Nos. 14-C-732
91-CR-217

-vsNELSON RIVAS,
Movant.

DECISION AND ORDER
The Court has been down this road before with Nelson Rivas, who once again
filed a motion that must be construed as coming under 28 U.S.C. § 2255 and dismissed as
second or successive. Rivas’ citation to Alleyne v. United States, 133 S. Ct. 2151 (2013)
doesn’t change the analysis. United States v. Miller, 542 Fed. App’x 526 (7th Cir. Nov.
15, 2013) (denying application to file a second or successive § 2255 motion because the
Supreme Court has not made Alleyne retroactive to cases on collateral review).
The Clerk of Court is DIRECTED to open a separate civil § 2255 action with this
motion [ECF No. 148 in Case No. 91-CR-217], which is DISMISSED for lack of
jurisdiction. The Court will not issue a certificate of appealability with respect to that
action. Rule 11(a), Rules Governing Section 2255 Proceedings.
Dated at Milwaukee, Wisconsin, this 25th day of June, 2014.

BY THE COURT:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge