Sandoval v. United States of America, No. 4:2013cv04014 - Document 2 (C.D. Ill. 2013)
Court Description: ORDER AND OPINION Entered by Judge Joe Billy McDade on 3/5/2013. IT IS THEREFORE ORDERED that Petitioner's Motion under 28 U.S.C. 2255 1 is dismissed for lack of jurisdiction. Case terminated. (cc: Petitioner) (KB, ilcd)
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E-FILED Wednesday, 06 March, 2013 08:46:26 AM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS ROCK ISLAND DIVISION MARCELO SANDOVAL, ) ) ) Petitioner, ) v. ) ) UNITED STATES OF AMERICA, ) ) ) Respondent. Case No. 13-cv-4014 ORDER & OPINION Petitioner filed a Motion to Vacate, Set Aside, or Correct Sentence for criminal case 99-cr-40019 pursuant to 28 U.S.C. § 2255 on February 15, 2013. (Doc. 1). Petitioner, however, has previously filed a § 2255 motion with this Court based on the same conviction. (02-cv-4100, Doc. 1). Pursuant to § 2255(h), the Court of Appeals must certify a second or successive motion before it may come before this Court for review. Thus, the Court dismisses the present motion as an unauthorized successive motion under § 2255, over which this Court lacks subject matter jurisdiction. IT IS THEREFORE ORDERED that Petitioner s Motion under 28 U.S.C. § 2255 (Doc. 1) is DISMISSED FOR LACK OF JURISDICTION. CASE TERMINATED. Entered this 5th day of March, 2013. s/ Joe B. McDade JOE BILLY McDADE United States Senior District Judge
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