Opinion
Criminal Action 91-0003-AH, Civil Action 00-0851-AH.-M
April 10, 2001
ORDER
This matter is before the Court on Defendant's "Motion to Vacate Conviction" which the Court construes as a Motion to set aside, vacate or correct sentence filed pursuant to 28 U.S.C. § 2255 (Doc. 86). The Court's denial of Defendant's previous section 2255 filing was affirmed by the United States Court of Appeals for the Eleventh Circuit on August 11, 1998 (Doc. 83). Defendant now files the instant motion alleging, inter alia, errors relating to an alleged "misuse of power" by the Court (Doc. 86).
Title 28 U.S.C. § 2255 provides:
A second or successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain —
(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or
(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.
Defendant's motion has not been certified by the Court of Appeals as required by section 2255. Consequently, Defendant's motion is DENIED. Defendant's accompanying Motion to proceed in forma pauperis (Doc. 88) is likewise DENIED as frivolous.