Speed v. United States

Background

Robert Speed, who was incarcerated and proceeding without a lawyer, filed a motion under 28 U.S.C. § 2255 challenging the judgment entered in his criminal case. The opinion states that Speed had previously filed several § 2255 motions challenging the same conviction and that those motions had been denied on the merits.

Successive-motion requirement

Because the earlier § 2255 motions were decided on the merits, the court determined that Speed’s current motion was a “second or successive” motion. Before such a motion can be filed in the district court, the person seeking relief must obtain authorization from the appropriate court of appeals. The opinion states that Speed must ask the U.S. Court of Appeals for the Second Circuit for permission to pursue the motion and that the request must be based on newly discovered evidence or a new constitutional rule made retroactive by the Supreme Court.

Disposition

The court ordered the clerk to transfer Speed’s § 2255 motion to the Second Circuit in the interest of justice. The order closed the related civil action in the district court but stated that Speed could move to reopen it if the Court of Appeals authorized him to proceed. The court also ruled that a certificate of appealability would not issue because the motion made no substantial showing that a constitutional right had been denied. Finally, it certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.