BROOKS, ERNEST E. III v. USA

Filing 3

ORDER dismissing 1 Motion to Vacate Sentence per 28 USC 2255 by Petitoner Ernest E. Brooks, III. Signed by District Judge Barbara B. Crabb on 1/31/2018. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - UNITED STATES OF AMERICA,
ORDER
Plaintiff,
02-cr-0027-bbc
05-cv-0469-bbc
18-cv-7-bbc

v.
ERNEST E. BROOKS, III,
Defendant.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On August 1, 2005, defendant Ernest Brooks, III, filed a motion for post conviction
relief under 28 U.S.C. § 2255 (05-cv-469-bbc), contesting his conviction and sentence on
the ground the government violated his Sixth Amendment right to a fair and impartial trial
and that his court-appointed counsel was constitutionally ineffective. On August 9, 2005,
I denied defendant’s motion as untimely.
Now, almost twelve years later, defendant has filed a motion under 28 U.S.C. § 2255
(18-cv-7-bbc) contending that he is innocent of the charges against him. The law does not
permit defendant to file another motion for post conviction relief, unless he can obtain
certification from the court of appeals that his new motion contains newly discovered
evidence or that it rests on "a new rule of constitutional law, made retroactive to cases on

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collateral review by the Supreme Court." Defendant has not made that showing, which
means that this court has no authority to consider the claims raised in his motion.

ORDER
IT IS ORDERED that defendant Ernest Brooks’s motion 28 U.S.C. § 2255 is
DISMISSED because it is a successive collateral attack and this court lacks authority to
entertain it.
Entered this 31st day of January, 2018.
BY THE COURT:
/s/
________________________________________
BARBARA B. CRABB
District Judge

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