Case 1:96-cr-00050-SM Document 1292 Filed 06/06/24 Page 1 of 2

UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

United States of America Case No. 96-cr-50-01-SM v. Opinion No.

Stephen G. Burke

********************

Stephen G. Burke Case No. 21-cv-863-SM v. Opinion No.

United States of America

O R D E R

On March 8, 2023, the court appointed Lawrence Vogelman as

counsel to petitioner, Stephen G. Burke, in two related matters.

Specifically, Attorney Vogelman was appointed to assist Burke in

filing a motion for compassionate relief (case no. 96-cr-50-SM-

1), and obtaining relief under

(case no. 21-CV-

863-SM). Vogelman accepted that appointment, and dutifully

served as counsel in both matters. Both requests were

ultimately denied. See Op. No.

; Op. No.

. Vogelman now asks the court to clarify the status of his

representation of Burke.

Counsel’s representation of petitioner is complete, and no

further action on his part is required. Case 1:96-cr-00050-SM Document 1292 Filed 06/06/24 Page 2 of 2

Burke has filed notice that he seeks to appeal the denial

of his petition for relief under

in case number

21-CV-863-SM. See case no. 96-cr-50-SM-1, at document no. 1290.

He also asks the court to appoint counsel to assist in that

appeal.

at document no. 1291. But, Burke’s petition was

denied without prejudice for lack of jurisdiction, because Burke

failed to obtain authorization from the Court of Appeals for the

First Circuit before filing a successive § 2255 petition in the

district court. See

(h) and

(b)(3)(A). Accordingly, no certificate of appealability was

issued. See

(c)(2).

Petitioner is, of course, free to seek the First Circuit’s

permission to file his claim in a new § 2255 petition. For his

convenience, the court has attached to this Order a copy of the

First Circuit’s application form for authorization to file a

successive § 2255 motion. Petitioner’s motion to appoint

counsel (document no. 1291) is moot in light of the disposition

herein.

SO ORDERED.

____________________________ Steven J. McAuliffe United States District Judge

June 6, 2024

cc: Counsel of record