Opinion
Case No. 14-C-732 Case No. 91-CR-217
06-25-2014
UNITED STATES OF AMERICA, Plaintiff, v. NELSON RIVAS, Movant.
DECISION AND ORDER
The Court has been down this road before with Nelson Rivas, who once again filed a motion that must be construed as coming under 28 U.S.C. § 2255 and dismissed as second or successive. Rivas' citation to Alleyne v. United States, 133 S. Ct. 2151 (2013) doesn't change the analysis. United States v. Miller, 542 Fed. App'x 526 (7th Cir. Nov. 15, 2013) (denying application to file a second or successive § 2255 motion because the Supreme Court has not made Alleyne retroactive to cases on collateral review).
The Clerk of Court is DIRECTED to open a separate civil § 2255 action with this motion [ECF No. 148 in Case No. 91-CR-217], which is DISMISSED for lack of jurisdiction. The Court will not issue a certificate of appealability with respect to that action. Rule 11(a), Rules Governing Section 2255 Proceedings.
Dated at Milwaukee, Wisconsin, this 25th day of June, 2014.
BY THE COURT:
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HON. RUDOLPH T. RANDA
U.S. District Judge