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U.S. v. NUGENT

United States District Court, D. Columbia


November 14, 2005.

UNITED STATES OF AMERICA,
v.
ANTHONY NUGENT, Defendant.

The opinion of the court was delivered by: THOMAS HOGAN, Chief District Judge

MEMORANDUM

The Court has allowed to be filed as a motion for relief under 28 U.S.C. § 2255 defendant's "Independent Action" brought pursuant to Fed.R.Civ.P. 60(b). The criminal docket reflects plaintiff's unsuccessful attempts for relief under § 2255 and to file a successive motion. See Order (D.C. Cir., Jan. 20, 2004) (denying defendant's motion to file a successive motion). Pursuant to 28 U.S.C. § 2244(a), plaintiff must again seek permission from the United States Court of Appeals for the District of Columbia Circuit to file a successive motion. See 28 U.S.C. § 2255 ("A . . . successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals. . . ."); Foster v. United States, 290 F. Supp. 2d 5, 10 (D.D.C. 2003) (citing cases treating Rule 60(b) motions challenging judgments of conviction as successive habeas petitions).

"Before a second or successive application . . . is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application." 28 U.S.C. § 2244(b)(3). The District of Columbia Circuit has not certified defendant's motion to be filed. This Court therefore lacks jurisdiction to entertain the motion. See Moore v. Department of Justice 1998 WL 545421, *1 (D.C. Cir., July 17, 1998) ("The district court did not have jurisdiction to entertain appellant's successive § 2254 petition since appellant never obtained certification from the court of appeals to file his successive petition."). A separate Order accompanies this Memorandum.

20051114

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