IN RE WEATHERSBY

No. 13-3077.

717 F.3d 1108 (2013)

In re Keith V. WEATHERSBY, Movant.

United States Court of Appeals, Tenth Circuit.

May 14, 2013.


Attorney(s) appearing for the Case

Keith V. Weathersby, San Pedro, CA, pro se.

Brent I. Anderson , Office of the United States Attorney, Wichita, KS, for Respondent.

Before HARTZ, TYMKOVICH, and O'BRIEN, Circuit Judges.


ORDER

PER CURIAM.

Keith V. Weathersby has filed a motion for authorization to file a second or successive motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255. Because it does not appear that the § 2255 motion Mr. Weathersby seeks to file would be a "second or successive" motion subject to the gatekeeping provisions of 28 U.S.C. § 2255(h) and § 2244(b)(3), we dismiss the motion for authorization as unnecessary.

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