U.S. v. CLARKE

No. 4:02-CR-60-5H.

UNITED STATES OF AMERICA, v. NIGEL CLARKE.

United States District Court, E.D. North Carolina, Eastern Division.


Attorney(s) appearing for the Case

USA, Plaintiff, represented by Kimberly A. Moore , United States Attorney's Office, R.A. Renfer, Jr. , United States Attorney's Office, W. Ellis Boyle , United States Attorney's Office & Michael James .


ORDER

MALCOLM J. HOWARD, Senior District Judge.

This matter is before the court on defendant's latest motions seeking to collaterally attack his sentence [DE #631, #638]. Defendant's motions are, in reality, motions to vacate or set aside sentence pursuant to 28 U.S.C. § 2255. Defendant previously filed a § 2255 motion on January 29, 2007, which the court dismissed as untimely. This court has also denied several motions in which defendant sought to relitigate his § 2255 motion. Because the motions presently before the court are nothing more than successive § 2255 motions, this court is without jurisdiction to consider it. See 28 U.S.C. § 2255(h) ("A second or successive motion must be certified . . . by a panel of the appropriate court of appeals. . . ."). Accordingly, defendant's motions [DE #631, #638] are DISMISSED WITHOUT PREJUDICE to defendant's right to apply to the Fourth Circuit for leave to file a successive § 2255 motion.

Additionally, defendant has filed a motion to unseal the presentence investigation report in his case. For lack of good cause shown, the motion [DE #633] is DENIED.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases