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Richard D. Wrolen v. United States of America

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 23, 2012

RICHARD D. WROLEN, PETITIONER,
v.
UNITED STATES OF AMERICA, DEFENDANT.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on petitioner Richard D. Wrolen's motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). It has come to the Court's attention that this is not Wrolen's first § 2255 motion. He filed his first motion in January 2009, and the Court denied it. See No. 09-cv-51-JPG. In order for the Court to consider a successive petition, the Seventh Circuit Court of Appeals must certify the successive petition pursuant to 28 U.S.C. § 2255(h). Nunez v. United States, 96 F.3d 990, 991 (7th Cir. 1996). It has not done so.

Therefore, the Court does not have jurisdiction to entertain the pending § 2255 motion. Accordingly, the Court hereby DISMISSES this action for lack of jurisdiction and DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.

J. Phil Gilbert

20120723

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