United States Seventh Circuit

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MELTON v. US, 03-3903

Prisoner's motion for audita querela is in substance a motion under 28 U.S.C. section 2255; because he had not received the court's permission to commence a second or successive collateral attack on his conviction, the district court must dismiss it for lack of jurisdiction.

Appellate Information

  • Submitted 01/23/2004
  • Decided 02/13/2004
  • Published 02/13/2004


  • EASTERBROOK, Circuit Judge., Before BAUER, EASTERBROOK, and KANNE, Circuit Judges.


  • United States Seventh Circuit


  • For Appellant:
  • Timothy Melton, Loretto, PA, pro se.

  • For Appellees:
  • John G. McKenzie (submitted), Office of the United States Attorney, Rockford, IL, for Respondent-Appellee.