USA v. Lindsey
Criminal

District of Nebraska, ned-8:2005-cr-00332-35653

ORDER denying {{48}} Motion to Appoint Counsel and for an extension of time as to John Wayne Lindsey (1). Ordered by Judge Lyle E. Strom.

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8:05-cr-00332-LES-FG3 Doc # 49 Filed: 09/19/07 Page 1 of 2 - Page ID # 187 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,)) Plaintiff,) 8:05CR332) v.)) JOHN WAYNE LINDSEY,) ORDER) Defendant.) ______________________________) This matter is before the Court on defendant's motion for appointment of counsel for filing motion under 28 U.S.C. § 2255 (Filing No. 48). The Court notes defendant has previously filed such a motion (Filing No. 43), and said motion was denied by this Court on August 17, 2007 (Filing Nos. 45 and 46). In order to file a second or successive § 2255 motion challenging a conviction or sentence, a defendant must first obtain circuit court certification. 28 U.S.C. § 2255 (2001). Because the defendant has not received approval from the Eighth Circuit to file a second or successive § 2255 motion, the Court would lack jurisdiction over a subsequent § 2255 motion. United States v. Key, 205 F.3d 773, 774 (5th Cir. 2000); United States v. Alvarez-Ramirez, 128 F.Supp.2d 1265, 1267 (C.D.Cal. 2001). Defendant's motion for appointment of counsel and for extension of time will be denied. Accordingly, 8:05-cr-00332-LES-FG3 Doc # 49 Filed: 09/19/07 Page 2 of 2 - Page ID # 188 IT IS ORDERED that defendant's motion for appointment of counsel and for extension of time is denied. DATED this 19th day of September, 2007. BY THE COURT: /s/ Lyle E. Strom _________________________________ LYLE E. STROM, Senior Judge United States District Court -2-