IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
November 17, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
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
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