Broadway Arrington v. United States

GORDON, District Judge. 1

This is an appeal from the dismissal of a 28 U.S.C. § 2255 motion on May 19, 1969. The district court concluded that the issues raised by the petitioner had previously been resolved in an earlier § 2255 motion decided on June 20, 1965 by the district court for the northern district of Illinois. See Arrington v. United States, 65-C-108. No appeal was taken from the district court’s ruling in the 1965 petition.

The language of 28 U.S.C. § 2255 makes it clear that a court need not hear successive motions:

“The sentencing court shall not be required to entertain a second or…