Opinion
Case No. 16 C 2062 Criminal Case No. 98 CR 54
02-12-2016
UNITED STATES OF AMERICA, Plaintiff, v. DARWIN MONTANA, Defendant.
MEMORANDUM ORDER
Many years after his 1998 conviction on which he is continuing to serve an originally-imposed 322-month prison sentence, Darwin Montana ("Montana") has come forward with what he captions as an "Application for Leave To File a Second or Successive Motion To Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. § 2255." Although Montana has correctly headed his filing "In the United States Court Appeals for the Seventh Circuit" (see 28 U.S.C. § 2244(b)(3)(A)), this District Court's Clerk's Office has mistakenly assigned it civil case number 16 C 2062. That mistaken designation is clearly premature, for this Court can become authorized to consider Montana's application only if a three-judge panel of our Court of Appeals so orders (see Section 2244(b)(3)(B)). Accordingly Case No. 16 C 2062 is ordered terminated, at least for the present.
All further references to Title 28's provisions will simply take the form "Section --," omitting the prefatory "28 U.S.C. §." --------
/s/_________
Milton I. Shadur
Senior United States District Judge Date: February 12, 2016