Opinion
CRIMINAL NO. 99-50082-08.
January 30, 2008
ORDER
Before this Court is a motion entitled "Pursuant to Common Law of Audita Querla to Amend His Timely Filed U.S.C.A § 2255 Motion to Vacate, Set Aside or Correct Sentence" [Doc. #490] filed by defendant, Roy Lee Debose.
To the extent Debose seeks to amend the § 2255 motion filed on February 20, 2003 [Doc. #465] and denied by Judgment issued on March 19, 2003, that request is DENIED. To the extent Debose has filed a second § 2255 motion, IT IS ORDERED that defendant's motion be and is hereby DENIED as Debose has failed to obtain authorization from the Fifth Circuit to file a second or successive § 2255 petition as required by 28 U.S.C. § 2255. Thus, this Court lacks jurisdiction to entertain such a motion. See Hooker v. Sivley, 187 F.3d 680, 681-82 (5th Cir. 1999).
THUS DONE AND SIGNED in Shreveport Louisiana.