United States Seventh Circuit

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

• Decided 02/13/2004
• Published 02/13/2004

Judges

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

Court

• United States Seventh Circuit

Counsel

• 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.