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Harry Edwin Miles v. United States of America

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS ROCK ISLAND DIVISION


September 7, 2012

HARRY EDWIN MILES, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Joe Billy McDADE United States Senior District Judge

Clerk, U.S. District Court, ILCD

ORDER & OPINION

Petitioner filed a document entitled "Request for Proof(s) of Claim from the United States Attorney" on August 27, 2012. (Doc. 1). The document details various assertions that this Court did not have jurisdiction over the criminal case, 05-cr- 40051, which resulted in his conviction.*fn1

Therefore, it was characterized as a motion for relief under 28 U.S.C. § 2255, challenging incarceration based on the ground that "the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence."*fn2 28 U.S.C. § 2255(a).

Petitioner has filed previous § 2255 motions with this Court based on this conviction. (08-cv-4058, Doc. 1; 05-cr-40051 Doc. 123 (construed as collateral attack under § 2255 as noted in 05-cr-40051 Doc. 138)). Under § 2255(h), successive motions must first be certified by the Court of Appeals. Petitioner has made no showing that he has obtained the requisite certification. Therefore, the present motion must be dismissed as an unauthorized successive motion under § 2255, over which this Court does not have subject-matter jurisdiction.

IT IS THEREFORE ORDERED that Petitioner's Motion under 28 U.S.C. § 2255 (Doc. 1) is DISMISSED FOR WANT OF JURISDICTION. CASE TERMINATED.

Joe B. McDade


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