SMITH v. UNITED STATES OF AMERICA

SMITH v. UNITED STATES OF AMERICA

Petitioner:	SUSIE ANNETTE SMITH
Respondent:	UNITED STATES OF AMERICA
Case Number:	2:2016cv00160
Filed:	May 9, 2016
Court:	US District Court for the Southern District of Indiana
Office:	Terre Haute Office
Presiding Judge:	Denise K. LaRue
Presiding Judge:	Jane Magnus-Stinson
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
July 27, 2016	Filing 4 Entry Dismissing Motions for Relief Pursuant to 28 U.S.C. § 2255 and Denying Certificate of Appealability -Petitioner Susie Smith was convicted of drug offenses in No. 2:10-cr-00007- JMS-CMM-19. A prior motion for relief pursuant to 28 U.S.C. § 2255 was docketed as No. 2:13-cv-00357-JMS-WGH and was dismissed with prejudice on December 11, 2014. Her recently filed motions for relief pursuant to 28 U.S.C. § 2255 are essentially identical. She also recently sought authorization from the Court of Appeals for authorization pursuant to 28 U.S.C. § 2255(h) to file a second or successive § 2255 motion. That request was docketed in the Court of Appeals as No. 16-2102. On June 2, 2016 the Court of Appeals denied the petitioner leave to file a second or successive motion for relief. With the prior ' 2255 motion having been adjudicated on the merits, and in the absence of authorization for the present filings from the Court of Appeals, this action must now b e summarily dismissed for lack of jurisdiction. Judgment consistent with this Entry shall now issue. The clerk shall docket this Entry in the underlying criminal action, No. 2:10- cr-00007-JMS-CMM-19. The court denies a certificate of appealability. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 7/27/2016.(RSF)

Date Filed

Document Text

July 27, 2016

Filing 4 Entry Dismissing Motions for Relief Pursuant to 28 U.S.C. § 2255 and Denying Certificate of Appealability -Petitioner Susie Smith was convicted of drug offenses in No. 2:10-cr-00007- JMS-CMM-19. A prior motion for relief pursuant to 28 U.S.C. § 2255 was docketed as No. 2:13-cv-00357-JMS-WGH and was dismissed with prejudice on December 11, 2014. Her recently filed motions for relief pursuant to 28 U.S.C. § 2255 are essentially identical. She also recently sought authorization from the Court of Appeals for authorization pursuant to 28 U.S.C. § 2255(h) to file a second or successive § 2255 motion. That request was docketed in the Court of Appeals as No. 16-2102. On June 2, 2016 the Court of Appeals denied the petitioner leave to file a second or successive motion for relief. With the prior ' 2255 motion having been adjudicated on the merits, and in the absence of authorization for the present filings from the Court of Appeals, this action must now b e summarily dismissed for lack of jurisdiction. Judgment consistent with this Entry shall now issue. The clerk shall docket this Entry in the underlying criminal action, No. 2:10- cr-00007-JMS-CMM-19. The court denies a certificate of appealability. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 7/27/2016.(RSF)

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Petitioner: SUSIE ANNETTE SMITH
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Respondent: UNITED STATES OF AMERICA
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