United States v. Herrera-Zaragosa

Angel Herrera-Zaragosa appeals the district court’s 1 order denying both his motion for permission to file a 28 U.S.C. § 2255 motion out of time and his request for transcripts and other court documents. Petitioner does not need authorization to file a section 2255 motion because he has not yet filed an initial section 2255 motion. Cf. Walker v. Roth, 133 F.3d 454, 455 (7th Cir.1997) (prior approval mechanism of § 2244 inapplicable to first habeas petitions). Neither the district court nor this court has authority to permit the filing of a section 2255 motion out of time. We also note that…