United States Of America v. Whited
Plaintiff: United States Of America
Defendant: Matthew Whited
Case Number: 3:2019cv50166
Filed: July 22, 2019
Court: US District Court for the Northern District of Illinois
Presiding Judge: Iain D Johnston
Referring Judge: Philip G Reinhard
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28:2255
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 24, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2019 Filing 4 ENTERED JUDGMENT Signed by the Deputy Clerk for Honorable Philip G. Reinhard on 7/24/2019:(pg, )
July 24, 2019 Opinion or Order Filing 3 ORDER: The court is in receipt of defendants motion for relief pursuant to 28 U.S.C. 2255(e) #1 . Defendants request is in the nature of a collateral attack pursuant to 28 U.S.C. 2255(a). Melton v. U.S., 359 F.3d 855, 857 (7th Cir. 2004) (A federal prisoner who wishes to collaterally attack his conviction or sentence must, ordinarily, do so under 28 U.S.C. 2255.). Inasmuch as the defendant has already unsuccessfully pursued relief under Section 2255 (see United States v. Whited, 09 CV 50274 (N.D. Ill. 2009)), any potential request seeking Section 2255 relief must be presented to the Seventh Circuit Court of Appeals. Nunez v. U.S., 96 F.3d 990, 991 (7th Cir. 1996) (No matter how powerful a petitioners showing, only [the Seventh Circuit] may authorize the commencement of a second or successive petition.). See also Curry v. U.S., 507 F.3d 603 (7th Cir. 2007). This court lacks jurisdiction to address defendants request. This case is closed. Signed by the Honorable Philip G. Reinhard on 7/24/2019:notice mailed by Judicial Staff (pg, )
July 22, 2019 Filing 2 PRISONER CIVIL Cover Sheet (pg, )
July 22, 2019 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Matthew Whited(05CR50060) (pg, )

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Defendant: Matthew Whited
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Plaintiff: United States Of America
Represented By: Michael Love
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