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Hinton v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


October 9, 2007

DONALD HINTON, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

This matter comes before the Court on a remand order from the Seventh Circuit (Appeal No. 07-2119). Pursuant to that decision, the Court DENIES Petitioner Donald Hinton's motion for reconsideration of Judge William L. Beatty's order issued October 22, 1997 denying Petitioner's motion to vacate, correct, or set aside his conviction pursuant to 28 U.S.C. § 2255. (Doc. 29.) Because Petitioner's motion again attacks the underlying merits of his conviction, the motion is considered a second or successive petition and since Petitioner has not received leave from the Court of Appeals to file a second or successive petition on any matters previously raised, this Court is without jurisdiction to consider Petitioner's motion. Under 28 U.S.C. § 2255, "a second or successive motion must be certified as provided in section 2244 by a panel of the . . .court of appeals. . . ." Therefore, Petitioner's motion is DISMISSED for lack of jurisdiction. (Doc. 29.)

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20071009

© 1992-2007 VersusLaw Inc.



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