USA v. Wiig
Criminal

District of Nebraska, ned-8:2005-cr-00245-35162

ORDER - The Defendant's Motion for Clarification or a Nunc Pro Tunc Order, ECF No. [148], is construed as a successive motion under 28 U.S.C. ' 2255 and is denied as to defendant Charles E. Wiig. The Clerk is directed to mail a copy of this order to the Defendant at his last known address. Ordered by Senior Judge Laurie Smith Camp. (Copy mailed to pro se party)

Interested in this case?

Current View

Full Text

8:05-cr-00245-LSC-FG3 Doc # 151 Filed: 12/06/19 Page 1 of 2 - Page ID # 744 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA, CASE) NO. 8:05CR245) Plaintiff,)) vs.) ORDER) CHARLES E. WIIG,)) Defendant.) This matter is before the Court on the Defendant=s Motion for Clarification or a Nunc Pro Tunc Order, ECF No. 148. The Court has reviewed the Motion and the accompanying Memorandum of Law, ECF No. 149, and Exhibits, ECF No. 150, and concludes that the Motion is another successive motion for relief under 28 U.S.C. ' 2255. Rule 9 of the Rules Governing Section 2255 Proceedings provides: ABefore presenting a second or successive motion, the moving party must obtain an order from the appropriate court of appeals authorizing the district court to consider the motion, as required by 28 U.S.C. ' 2255, para. 8.@ The Defendant=s successive ' 2255 motion is denied for lack of an order from the Eighth Circuit allowing this Court to consider the motion. IT IS ORDERED: 8:05-cr-00245-LSC-FG3 Doc # 151 Filed: 12/06/19 Page 2 of 2 - Page ID # 745 1. The Defendant=s Motion for Clarification or a Nunc Pro Tunc Order, ECF No. 148, is construed as a successive motion under 28 U.S.C. ' 2255 and is denied; and 2. The Clerk is directed to mail a copy of this order to the Defendant at his last known address. DATED this 6th day of December, 2019. BY THE COURT: s/Laurie Smith Camp Senior United States District Judge 2