U.S. v. ZAVALA, 8:01CR259. (2014)
Court: District Court, D. Nebraska
Number: infdco20140804b21
Visitors: 10
Filed: Aug. 01, 2014
Latest Update: Aug. 01, 2014
Summary: ORDER LAURIE SMITH CAMP, Cheif District Judge. This matter is before the Court on Defendant Elias Zavala's Motion to Dismiss Indictment and Vacate Conviction and Motion to Reinstate or Re-open Case on Docket Court (Filing No. 178), which the Court will construe as a successive petition under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (" 2255 motion"). Rule 9 of the Rules Governing Section 2255 Proceedings states, in pertinent part, that "[b]efor
Summary: ORDER LAURIE SMITH CAMP, Cheif District Judge. This matter is before the Court on Defendant Elias Zavala's Motion to Dismiss Indictment and Vacate Conviction and Motion to Reinstate or Re-open Case on Docket Court (Filing No. 178), which the Court will construe as a successive petition under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (" 2255 motion"). Rule 9 of the Rules Governing Section 2255 Proceedings states, in pertinent part, that "[b]efore..
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ORDER
LAURIE SMITH CAMP, Cheif District Judge.
This matter is before the Court on Defendant Elias Zavala's Motion to Dismiss Indictment and Vacate Conviction and Motion to Reinstate or Re-open Case on Docket Court (Filing No. 178), which the Court will construe as a successive petition under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody ("§ 2255 motion").
Rule 9 of the Rules Governing Section 2255 Proceedings states, in pertinent part, that "[b]efore 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 Motion to Dismiss Indictment and Vacate Conviction and Motion to Reinstate or Re-open Case on Docket Court (Filing No. 178), construed as a successive petition under 28 U.S.C. § 2255, 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
