UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS ROCK ISLAND DIVISION
March 5, 2013
MARCELO SANDOVAL, PETITIONER,
UNITED STATES OF AMERICA, RESPONDENT.
The opinion of the court was delivered by: Joe Billy McDADE United States Senior District Judge
Wednesday, 06 March, 2013 08:46:26 AM Clerk, U.S. District Court, ILCD
ORDER & OPINION
Petitioner filed a Motion to Vacate, Set Aside, or Correct Sentence for criminal case 99-cr-40019 pursuant to 28 U.S.C. § 2255 on February 15, 2013. (Doc. 1). Petitioner, however, has previously filed a § 2255 motion with this Court based on the same conviction. (02-cv-4100, Doc. 1). Pursuant to § 2255(h), the Court of Appeals must certify a second or successive motion before it may come before this Court for review. Thus, the Court dismisses the present motion as an unauthorized successive motion under § 2255, over which this Court lacks subject matter jurisdiction.
IT IS THEREFORE ORDERED that Petitioner's Motion under 28 U.S.C. § 2255 (Doc. 1) is DISMISSED FOR LACK OF JURISDICTION. CASE TERMINATED.
Joe B. McDade
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