Opinion
Civ. 1:24-cv-01162-STA-jay Cr. 1:88-cr-10054-JDT
11-05-2024
DALE CONRAD McQUISTON, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER DIRECTING CLERK TO CLOSE CASE
S. THOMAS ANDERSON, UNITED STATES DISTRICT JUDGE.
Dale Conrad McQuiston, inmate number 11697-076, filed a pro se motion to vacate, set aside, or correct his sentence pursuant to 28 USC §2255. He previously filed Dale Conrad McQuiston v. United States of America, 2:10-cv-02542-STA-dkv (W.D. Tenn. Sept. 25, 2019). In that matter, McQuiston's motion pursuant to 28 U.S.C. § 2255 was denied on September 24, 2019, and judgment was subsequently entered.
Because Movant/Defendant must obtain a certification from the Sixth Circuit Court of Appeals before filing a second or successive motion, see In re Sonshine, 132 F.3d 1133, 1135 (6th Cir. 1997), the Court ordered the Clerk of Court to transfer the motion to the United States Court of Appeals for the Sixth Circuit for a determination of whether Movant/Defendant could file a second or successive motion to vacate sentence pursuant to 28 U.S.C. § 2255.
On November 5, 2024, the Sixth Circuit denied the application. Accordingly, the Clerk of Court is DIRECTED to close the case without entry of judgment.
IT IS SO ORDERED.