United States v. Francis Edward Springfield

HARTZ, Circuit Judge.

This matter comes before the panel on petitioner-appellant Francis Edward Springfield’s “Motion to Correct Order and Judgement [sic],” which we construe as a petition for rehearing. Because the denial by this court of an application to file a second or successive motion under 28 U.S.C. § 2255 cannot be the subject of a petition for rehearing, we strike the implied petition for rehearing filed by Mr. Springfield. See 28 U.S.C. § 2244(b)(3)(E). The court, however, sua sponte vacates its order and judgment in this matter filed on June 3, 2003, see Triestman v. United States,…