USA v. Settle, 17-00565 SOM-KSC. (2017)
Court: District Court, D. Hawaii
Number: infdco20171226559
Visitors: 8
Filed: Dec. 21, 2017
Latest Update: Dec. 21, 2017
Summary: ORDER GRANTING PETITIONER RUBEN SETTLE'S MOTION TO DISMISS HIS OWN 28 U.S.C. 2255 MOTION WITHOUT PREJUDICE SUSAN OKI MOLLWAY , Chief District Judge . Petitioner Ruben Settle has moved for relief under 28 U.S.C. 2255. This court ordered him to show cause why his motion should not be dismissed as untimely. Instead of making the required showing, Settle filed a Motion To Dismiss Without Prejudice, asking that this court "issue an order dismissing this motion that is not in front of this ho
Summary: ORDER GRANTING PETITIONER RUBEN SETTLE'S MOTION TO DISMISS HIS OWN 28 U.S.C. 2255 MOTION WITHOUT PREJUDICE SUSAN OKI MOLLWAY , Chief District Judge . Petitioner Ruben Settle has moved for relief under 28 U.S.C. 2255. This court ordered him to show cause why his motion should not be dismissed as untimely. Instead of making the required showing, Settle filed a Motion To Dismiss Without Prejudice, asking that this court "issue an order dismissing this motion that is not in front of this hon..
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ORDER GRANTING PETITIONER RUBEN SETTLE'S MOTION TO DISMISS HIS OWN 28 U.S.C. § 2255 MOTION WITHOUT PREJUDICE
SUSAN OKI MOLLWAY, Chief District Judge.
Petitioner Ruben Settle has moved for relief under 28 U.S.C. § 2255. This court ordered him to show cause why his motion should not be dismissed as untimely. Instead of making the required showing, Settle filed a Motion To Dismiss Without Prejudice, asking that this court "issue an order dismissing this motion that is not in front of this honorable [court] that was filed pursuant to 28 U.S.C. § 2255." This court grants the request to dismiss the § 2255 motion without prejudice.
So that there is no confusion, this court reminds Settle that, as set forth in this court's earlier orders in this very case, any § 2255 motion is subject to a limitations period, and any second or successive § 2255 motion must be certified by the Ninth Circuit Court of Appeals.
With the dismissal of Settle's § 2255 motion, the present § 2255 matter is concluded, and the Clerk of Court is directed to enter judgment in favor of the United States with respect to Settle's § 2255 motion.
IT IS SO ORDERED.
Source: Leagle
