Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Benson

August 17, 2007

UNITED STATES OF AMERICA
v.
RONNIE JOE BENSON



The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge

ORDER

Petitioner has filed a Motion for District Court to Recall Its Judgment to Achieve Justice And/Or Motion for Relief From Judgment (Doc. No. 1213), which is really a fifth motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255.*fn1

The Eighth Circuit has held that a petitioner may not circumvent § 2255 procedural requirements by bringing successive § 2255 action under another name.*fn2 When a petitioner is attempting to circumvent these procedural requirements, a court may reclassify the petitioner's motion. Typically a court must warn a petitioner before reclassifying his pleading as a § 2255 motion.*fn3 However, this warning does not apply to a petitioner who has presented a previous § 2255 motion and had the opportunity to bring all of his collateral challenges in the previous motion.*fn4

Since I am reclassifying Petitioner's motion as a § 2255 motion, it is a successive § 2255 motion. As amended in April 1996 by the Antiterrorism and Effective Death Penalty Act, § 2255 requires that all successive § 2255 motions be certified by the appropriate court of appeals before they are considered by the district courts.

Because Petitioner failed to obtain certification from the Eighth Circuit Court of Appeals, his motion must be dismissed for lack of jurisdiction. Accordingly, Petitioner's Motion for District Court to Recall Its Judgment to Achieve Justice And/Or Motion for Relief From Judgment (Doc. No. 1213) is DENIED.

IT IS SO ORDERED this 17th day of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.