Opinion
1:03cr89-HSO-MTP-4 1:16cv225-HSO
10-31-2016
UNITED STATES OF AMERICA v. KEITH NAVAIO MULLEN
ORDER DENYING MOTION TO VACATE , SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY
BEFORE THE COURT is the Motion [158] to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody filed by Defendant Keith Navaio Mullen pursuant to 28 U.S.C. § 2255. This is the second such Motion that Mullen has filed in this case, see Mot. [111], and therefore, Mullen requested permission to file a successive motion from the United States Court of Appeals for the Fifth Circuit, see Notice [159]; In re Keith Navaio Mullen, No. 16-60374 (5th Cir. June 7, 2016). Mullen's request for relief was based upon the United States Supreme Court's decision in Johnson v. United States, 135 S. Ct. 2551 (2015).
The Fifth Circuit denied Mullen's motion for authorization to file a successive § 2255 motion. In re Keith Navaio Mullen, No. 16-60374, Order [21] (5th Cir. July 11, 2016). Accordingly, this Court is without jurisdiction to consider Mullen's successive § 2255 motion. See United States v. Hernandes, 708 F.3d 680, 681-82 (5th Cir. 2013) (holding that a district court has no jurisdiction to consider a successive § 2255 motion); see also In re Kerns, 623 F. App'x 186, 187 (5th Cir. 2015) ("A district court lacks jurisdiction to consider a successive application if the prisoner has not received this court's authorization to file it."). Mullen's Motion must be denied.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Motion [158] to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody filed by Defendant Keith Navaio Mullen pursuant to 28 U.S.C. § 2255 is DENIED for lack of jurisdiction.
SO ORDERED AND ADJUDGED, this the 31st day of October, 2016.
/s/_________
HAUL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE