Opinion
CRIMINAL NO. 1:04CR72-LG-JMR-3 CIVIL NO. 1:16CV222-LG
08-30-2016
UNITED STATES OF AMERICA v. MICHAEL ANTHONY LOVE
ORDER DENYING MOTION TO VACATE UNDER 28 U.S.C. § 2255
THIS CAUSE comes before the Court sua sponte, for consideration of dismissal. Defendant Michael Anthony Love filed a Motion [151] to Vacate under 28 U.S.C. § 2255 on June 23, 2016. It was the third such motion he had filed in this case, and therefore he requested permission to file a successive motion from the United States Court of Appeals for the Fifth Circuit. In re Michael Anthony Love, No. 16-60450 (5th Cir. June 29, 2016). His request for relief was based on the United States Supreme Court's decision in Johnson v. United States, 135 S. Ct. 2551 (2015), concerning the career offender sentencing enhancement.
The Fifth Circuit recently denied Love's motion for authorization to file a successive § 2255 motion. (Order, Aug. 24, 2016, ECF No. 161). Accordingly, this Court is without jurisdiction to consider Love's successive § 2255 motion. In re Kerns, 623 F. App'x 186, 187 (5th Cir. 2015), cert. denied sub nom. Kerns v. Stephens, 136 S. Ct. 2018, 195 L. Ed. 2d 226 (2016) ("A district court lacks jurisdiction to consider a successive application if the prisoner has not received this court's authorization to file it."). The Motion must be denied.
The Fifth Circuit also denied Love's request that his motion for authorization be held in abeyance pending the Supreme Court's resolution of Beckles v. United States, 136 S. Ct. 2510 (2016). --------
IT IS THEREFORE ORDERED AND ADJUDGED that Defendant Michael Anthony Love's Motion [151] to Vacate under 28 U.S.C. § 2255, is DENIED for lack of jurisdiction.
SO ORDERED AND ADJUDGED this the 30th day of August, 2016.
/s/_________
LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE