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

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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. 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-5S0-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

(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.

pone McAuliffe United States District Judge June 6, 2024 cc: Counsel of record