McIVER v. U.S.

No. 01-10507.

307 F.3d 1327 (2002)

Ralph McIVER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 30, 2002.


Attorney(s) appearing for the Case

Susan Jill Benton, Federal Defender Program, Inc., Atlanta, GA, for Petitioner-Appellant.

Amy Lee Copeland, Savannah, GA, for Respondent-Appellee.

Before BARKETT and MARCUS, Circuit Judges, and SCHLESINGER, District Judge.


BARKETT, Circuit Judge:

Ralph McIver, a federal prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2255 motion as a second or successive motion filed without the permission of the court of appeals. Because his prior motion was a successful motion to file an out-of-time notice of appeal — in other words, one that simply protected his right to a direct appeal — he argues that it should not...

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