United States v. Johnson

JOHN E. STEELE UNITED STATES DISTRICT JUDGE

OPINION AND ORDER

This matter comes before the Court on Petitioner's Memorandum of Law In Support of Petition for Writ of Habeas Corpus Filed Pursuant to Title 28 U.S.C. Section 2255 (Doc. #338) filed on August 29, 2014. The Court deems this memorandum to include a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2255.

Defendant Joseph Johnson previously filed a petition under 28 U.S.C. § 2255 (Doc. #311), which was denied by a prior Opinion and Order (Doc. #330). A prisoner may not file a second or successive motion under § 2255 without the permission of the appropriate court of appeals. 28 U.S.C. § 2255(h). Absent such permission, a district judge lacks jurisdiction to address the motion and must dismiss it. United States v. Holt, 417 F.3d 1172, 1175 (11th Cir. 2005). Defendant has not obtained a certification from the Eleventh Circuit Court of Appeals which allows the filing of a second or successive petition, and therefore the district court lacks subject matter jurisdiction.

Accordingly, it is hereby

ORDERED:

Defendant's Petitioner's Memorandum of Law In Support of Petition for Writ of Habeas Corpus Filed Pursuant to Title 28 U.S.C. Section 2255 (Doc. #338), deemed to include a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2255, is DISMISSED without prejudice.

DONE and ORDERED at Fort Myers, Florida, this 2nd day of September, 2014.

/s/_________

JOHN E. STEELE

UNITED STATES DISTRICT JUDGE
Copies:
Counsel of Record
Joseph Johnson