Opinion
CASE NO. 1:05-CR-549
11-23-2015
UNITED STATES OF AMERICA, Plaintiff-Respondent, v. DANIEL MCKINNEY, Defendant-Petitioner.
OPINION & ORDER
[Resolving Doc. No. 59]
:
On March 14, 2006, Petitioner Daniel McKinney pled guilty to one count of possession with intent to distribute cocaine base and one count of being a felon in possession of a firearm. On April 10, 2006 this Court sentenced Petitioner to 190 months' imprisonment. On September 26, 2014, Petitioner filed a motion to vacate under 28 U.S.C. §2255. On February 23, 2015, this Court denied Petitioner's motion. Petitioner then applied for a certificate of appealability to the Sixth Circuit. The Sixth Circuit denied Petitioner's application for a certificate of appealability.
Doc. 22.
Doc. 25.
Doc. 45.
Doc. 54.
Petitioner has now filed an Affidavit of Facts seeking relief under the Supreme Court's recent decision in Johnson v . United States . The Office of the Federal Public Defender filed a motion to appoint counsel and request for leave to supplement the pending § 2255 petition.
Doc. 58; Johnson v . United States, 135 S. Ct. 2551 (2015).
Doc. 59.
However § 2255(h) requires that a second or successive § 2255 motion be certified by a panel of the appropriate court of appeals. This Court does not have jurisdiction over this matter unless Petitioner receives certification from the Sixth Circuit.
28 U.S.C.A. § 2255. --------
For the above reasons, this Court DENIES Petitioner's motion.
IT IS SO ORDERED. Dated: November 23, 2015
s/ James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE