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Cross v. United States

United States District Court, Eighth Circuit

November 14, 2013

ANTON NELSON CROSS, Movant,
v.
UNITED STATES OF AMERICA.

ORDER

LINDA R. READE, Chief District Judge.

This matter appears before the court on Anton Nelson Cross's pro se filing, which the clerk's office correctly construed as a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 (docket no. 1). Anton Nelson Cross ("the movant") filed his § 2255 motion on November 14, 2013. The movant previously sought relief under 28 U.S.C. § 2255, and, before filing the instant action, the movant did not move the Eighth Circuit Court of Appeals for authorization allowing the court to file and consider a second 28 U.S.C. § 2255 motion. 28 U.S.C. § 2244(b)(3)(A) provides:

Before a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application.

"This rule is absolute." Boykin v. United States, 2000 U.S. App. LEXIS 27076 at *1-3, 2000 WL 1610732 at *1 (8th Cir. 2000) (per curiam unpublished opinion) (vacating judgment regarding 28 U.S.C. § 2255 motion and remanding case to district court to dismiss for lack of jurisdiction). Cf. Felker v. Turpin, 518 U.S. 651, 662, 116 S.Ct. 2333, 135 L.Ed.2d 827 (1996) (discussing 28 U.S.C. § 2244(b)); Vancleave v. Norris, 150 F.3d 926, 927-28 (8th Cir. 1998) (same). Accordingly, the movant's instant 28 U.S.C. § 2255 motion shall be dismissed.[1]

IT IS THEREFORE ORDERED:

The movant's 28 U.S.C. § 2255 motion (docket no. 1) is DISMISSED.


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