IVAN REA v. United States

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

IVAN REA, ) ) Petitioner, ) ) v. ) No. 1:11-cv-01193-JPH-TAB ) UNITED STATES OF AMERICA, ) ) Respondent. )

ORDER Ivan Rea's motion for relief under 28 U.S.C. § 2255 was denied on September 11, 2013. Dkt. 13. Mr. Rea later sought reconsideration of that Order. Because any motion challenging a conviction or sentence substantively under § 2255 must be treated as a § 2255 motion, the Court opened a new § 2255 action. Dkt. 34. That case was then dismissed because it was an unauthorized successive § 2255 motion. Rea v. United States, 1:24-cv-1660- TWP-CSW. Mr. Rea has since filed additional motions in this case challenging his conviction and sentence, including a motion for clarification, dkt. 35, and a motion for nunc pro tunc application of new civil action, dkt. 36. He then filed a motion to withdraw those motions, dkt. 41, and a motion for the Court to process a new § 2255 motion, dkt. 43. The motion to withdraw, dkt. [41], is GRANTED to the extent that the motions at dkt. [35], and dkt. [36], are WITHDRAWN. The motion for the Court to process a new § 2255 motion, dkt. [43], is DENIED because this Court does not have the authority to permit a successive § 2255 motion to proceed. Nunez v. United States, 96 F.3d 990, 991 (7th Cir. 1996) ("No matter how powerful a petitioner’s showing, only [the appellate] court may authorize the commencement of a second or successive petition. ... From the district court's perspective, it is an allocation of subject-matter jurisdiction to the court of appeals."). SO ORDERED. Date: 2/4/2025 Sarma Patrick anton _ tanbor— James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: All Electronically Registered Counsel Ivan Rea 08492-028 USP Hazelton P.O. Box 2000 Bruceton Mills, WV 26525