United States v. Wiig, 8:05CR245. (2019)
Court: District Court, D. Nebraska
Number: infdco20191209a97
Visitors: 14
Filed: Dec. 06, 2019
Latest Update: Dec. 06, 2019
Summary: ORDER LAURIE SMITH CAMP , Senior District Judge . This matter is before the Court on the Defendant's Motion for Clarification or a Nunc Pro Tunc Order, ECF No. 148. The Court has reviewed the Motion and the accompanying Memorandum of Law, ECF No. 149, and Exhibits, ECF No. 150, and concludes that the Motion is another successive motion for relief under 28 U.S.C. 2255. Rule 9 of the Rules Governing Section 2255 Proceedings provides: "Before presenting a second or successive motion, the mo
Summary: ORDER LAURIE SMITH CAMP , Senior District Judge . This matter is before the Court on the Defendant's Motion for Clarification or a Nunc Pro Tunc Order, ECF No. 148. The Court has reviewed the Motion and the accompanying Memorandum of Law, ECF No. 149, and Exhibits, ECF No. 150, and concludes that the Motion is another successive motion for relief under 28 U.S.C. 2255. Rule 9 of the Rules Governing Section 2255 Proceedings provides: "Before presenting a second or successive motion, the mov..
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ORDER
LAURIE SMITH CAMP, Senior District Judge.
This matter is before the Court on the Defendant's Motion for Clarification or a Nunc Pro Tunc Order, ECF No. 148. The Court has reviewed the Motion and the accompanying Memorandum of Law, ECF No. 149, and Exhibits, ECF No. 150, and concludes that the Motion is another successive motion for relief under 28 U.S.C. § 2255.
Rule 9 of the Rules Governing Section 2255 Proceedings provides: "Before presenting a second or successive motion, the moving party must obtain an order from the appropriate court of appeals authorizing the district court to consider the motion, as required by 28 U.S.C. § 2255, para. 8." The Defendant's successive § 2255 motion is denied for lack of an order from the Eighth Circuit allowing this Court to consider the motion.
IT IS ORDERED:
1. The Defendant's Motion for Clarification or a Nunc Pro Tunc Order, ECF No. 148, is construed as a successive motion under 28 U.S.C. § 2255 and is denied; and
2. The Clerk is directed to mail a copy of this order to the Defendant at his last known address.
Source: Leagle
