Newton v. United States of America

Filing 4

ORDER DISMISSING CASE signed by Judge Rudolph T. Randa on 8/5/2014. Matter DISMISSED for lack of jurisdiction. The Court declines to issue certificate of appealability. (cc: all counsel, via US mail to Willie Newton at Victorville US Penitentiary)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
Case Nos. 14-C-739
00-CR-242

-vsWILLIE J. NEWTON, JR.,
Movant.

DECISION AND ORDER
This action is another unauthorized successive § 2255 motion filed by Willie
Newton. See ECF No. 196, Case No. 00-CR-242. Thus, it must be dismissed for lack
of jurisdiction. Even if the Court had jurisdiction, Newton’s motion is untimely, and
his citation to Alleyne v. United States, 113 S. Ct. 2151 (2013) is to no avail. United
States v. Miller, 542 Fed. App’x 526, 528 (7th Cir. Nov. 15, 2013) (“to the extent that
Miller’s appellate brief might be construed as an application to file a second or
successive 2255 motion premised on Alleyne, we DENY that application, since the
Supreme Court has not made Alleyne retroactive to cases on collateral review”).
This matter is DISMISSED for lack of jurisdiction. The Court will not issue a
certificate of appealability.
Dated at Milwaukee, Wisconsin, this 5th day of August, 2014.
BY THE COURT:

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