Spiegelman v. United States

Background

Joel Spiegelman, who was incarcerated at the Federal Medical Center in Rochester, Minnesota, filed this self-represented action seeking permission to pursue a second or successive motion under 28 U.S.C. § 2255. That motion challenged the judgment entered in his federal criminal case. The opinion states that Spiegelman had previously challenged the same conviction under § 2255. He also asked the court to appoint free volunteer counsel.

Reasoning

The court explained that a person seeking to file a second or successive § 2255 motion must first obtain authorization from the appropriate federal appeals court. Because Spiegelman needed to seek that authorization from the United States Court of Appeals for the Second Circuit, the district court transferred the motion there under 28 U.S.C. § 1631. The opinion also states that authorization requires a showing based on newly discovered evidence or a new constitutional rule made retroactive by the Supreme Court.

Ruling

The court transferred Spiegelman’s § 2255 motion to the Second Circuit and closed the district-court case. It denied the motion for appointment of pro bono counsel without prejudice, meaning the denial did not bar a later request. The court stated that, if the appeals court authorized Spiegelman to proceed, he could ask to reopen this case under the civil docket number. The court also ruled that no certificate of appealability would issue because the motion did not make a substantial showing that a constitutional right had been denied. Finally, it certified that an appeal would not be taken in good faith and denied permission to appeal without paying court fees.