Burke v. USA

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
United States of America
Case No. 96-cr-50-01-SM
v. 	Opinion No. 2024 DNH 045
Stephen G. Burke
********************
Stephen G. Burke
Case No. 21-cv-863-SM
v. 	Opinion No. 2024 DNH 045
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 28 U.S.C. § 2255 (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. 2024 DNH 025; Op. No. 2024 DNH
018. 	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.
Case 1:21-cv-00863-SM Document 18 Filed 06/06/24 Page 1 of 2

Burke has filed notice that he seeks to appeal the denial
of his petition for relief under 28 U.S.C. § 2255 in case number
21-CV-863-SM. 	See case no. 96-cr-50-SM-1, at document no. 1290.
He also asks the court to appoint counsel to assist in that
appeal. Id. 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 28 U.S.C. § 2255(h) and 28 U.S.C. §
2244(b)(3)(A). 	Accordingly, no certificate of appealability was
issued. 	See 28 U.S.C. § 2253(c)(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.
____________________________
Steven J. McAuliffe
United States District Judge
June 6, 2024
cc: 	Counsel of record
Case 1:21-cv-00863-SM Document 18 Filed 06/06/24 Page 2 of 2