U.S. v. CASTRO-GARZON, 8:04CR302. (2012)
Court: District Court, D. Nebraska
Number: infdco20120509a38
Visitors: 8
Filed: May 07, 2012
Latest Update: May 07, 2012
Summary: ORDER LAURIE SMITH CAMP, Chief District Judge. This matter is before the Court on the Defendant's successive motion under 28 U.S.C. 2255 (Filing No. 269). Rule 9 of the Rules Governing Section 2255 Proceedings provides: "Before presenting a second or successive motion, the moving party must obtain an order from the appropriate court of appeals authorizing the district court to consider the motion, as required by 28 U.S.C. 2255, para. 8." The Defendant's successive 2255 motion is denied
Summary: ORDER LAURIE SMITH CAMP, Chief District Judge. This matter is before the Court on the Defendant's successive motion under 28 U.S.C. 2255 (Filing No. 269). Rule 9 of the Rules Governing Section 2255 Proceedings provides: "Before presenting a second or successive motion, the moving party must obtain an order from the appropriate court of appeals authorizing the district court to consider the motion, as required by 28 U.S.C. 2255, para. 8." The Defendant's successive 2255 motion is denied f..
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ORDER
LAURIE SMITH CAMP, Chief District Judge.
This matter is before the Court on the Defendant's successive motion under 28 U.S.C. § 2255 (Filing No. 269).
Rule 9 of the Rules Governing Section 2255 Proceedings provides: "Before presenting a second or successive motion, the moving party must obtain an order from the appropriate court of appeals authorizing the district court to consider the motion, as required by 28 U.S.C. § 2255, para. 8." The Defendant's successive § 2255 motion is denied for lack of an order from the Eighth Circuit allowing this Court to consider the motion.
IT IS ORDERED:
1. The Defendant's successive motion under 28 U.S.C. § 2255 (Filing No. 269) is denied; and
2. The Clerk is directed to mail a copy of this order to the Defendant at his last known address.
Source: Leagle
