Opinion
No. 16-1008-JDT-egb No. 16-1303-JDT-egb
01-18-2017
DENNIS JOEL IVEY, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER DIRECTING CLERK TO DOCKET § 2255 MOTION IN CASE NO. 16-1303 AS A SUPPLEMENTAL MOTION IN CASE NO. 16-1008 AND TO CLOSE DUPLICATE CASE NO. 16-1303
On January 13, 2016, Movant Dennis Joel Ivey, acting pro se, filed a motion for leave to file a successive motion pursuant to 28 U.S.C. § 2255. The document was construed as a § 2255 motion and opened as case number 16-1008. Ivey sought to challenge his sentence pursuant to the decision in Johnson v. United States, 135 S. Ct. 2551 (2015). On June 23, 2016, the Court transferred the § 2255 motion to the Sixth Circuit pursuant to 28 U.S.C. § 2244(b)(3). The Court of Appeals subsequently granted leave to file the motion and remanded for further proceedings. See In re Ivey, No. 16-6052 (6th Cir. Oct. 27, 2016).
On November 25, 2016, Ivey filed another § 2255 motion, which was opened as case number 16-1303. In that motion, Ivey contends that his sentence is invalid under both Johnson and the later decision in Mathis v. United States, 136 S. Ct. 2243 (2016).
It appears the § 2255 motion opened as case number 16-1303 should have been docketed as a supplemental motion in the prior proceeding rather than as a separate case. Therefore, the Clerk is DIRECTED to docket the § 2255 motion in case number 16-1303 as a supplemental § 2255 motion in case number 16-1008. The Clerk is further DIRECTED to close duplicate case number 16-1303. IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE