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Rose v. Hulick

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


April 11, 2008

KEON ROSE, PLAINTIFF,
v.
DONALD HULICK, DEFENDANT.

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

ORDER

This matter comes before the Court on Petitioner's Motion to Reconsider Judgment in Favor of Defendant. (Doc. 22.) On March 17, 2008, the Court issued an Order adopting Magistrate Judge Donald G. Wilkerson's Report and Recommendation granting Defendant's motion to dismiss. (Doc. 20.) "Appellate courts agree that a post-judgment motion under Fed. R. Civ. P. 60(b) in the district court . . . is a 'second or successive' application for purposes of § 2244(b)." Burris v. Parke, 130 F.3d 782, 783 (7th Cir. 1997). Accordingly, Petitioner's 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. 22.)

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20080411

© 1992-2008 VersusLaw Inc.



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