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United States v. Mitchell

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


November 17, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DERRICK MITCHELL, DEFENDANT.

The opinion of the court was delivered by: Stiehl, District Judge

MEMORANDUM AND ORDER

This matter is before the Court for docket control. The defendant filed a motion to vacate sentence (Doc. 760), which is, in essence, a collateral attach on his sentence. No matter what the title, if the motion is actually on which seeks review of the sentence, it must be filed as a habeas action pursuant to 28 U.S.C. § 2255. The defendant filed this motion after his second or successive habeas petition had been denied by the Seventh Circuit. Mitchell v. United States, 02-CV-906-WDS (See, Doc. 34). In light of the fact that this motion seeks review of his sentence, and he has not received leave to file a second or successive petition, the motion to vacate is DISMISSED. See, Nunez v. United States, 96 F.3d 990 (7th Cir. 1996).

IT IS SO ORDERED

WILLIAM D. STIEHL DISTRICT JUDGE

20101117

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