United States v. Washington
United States v. Washington
Opinion of the Court
MEMORANDUM
Federal prisoner Richard Washington appeals pro se the January 14, 2003 order
Because the factual predicate for Washington’s Rule 60(b) motion also states a claim for a successive § 2255 motion under 28 U.S.C. § 2255, it is properly treated as a second or successive § 2255 motion. See Thompson v. Calderon, 151 F.3d 918, 921 (9th Cir. 1998). Because Washington had not obtained authorization from this court to consider a successive § 2255 motion, the district court was without jurisdiction to hear his Rule 60(b) motion. See 28 U.S.C. §§ 2244(b)(3)(A) & 2255; United States v. Allen, 157 F.3d 661, 664 (9th Cir. 1998) (failure to request the requisite authorization to file a second or successive § 2255 motion deprives the district court of jurisdiction).
To the extent that the notice of appeal filed in district court can be construed as a request for authorization to file a second or successive § 2255 motion in the district court, the request is denied. See 28 U.S.C. § 2255.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.