Taylor v. United States, 2:08-cr-00283-RCJ-PAL (2019)
Court: District Court, D. Nevada
Number: infdco20191011i84
Visitors: 33
Filed: Oct. 07, 2019
Latest Update: Oct. 07, 2019
Summary: ORDER ROBERT C. JONES , District Judge . Petitioner moves this Court under 28 U.S.C. 2255 for a second time arguing that his conviction and sentence are invalid. The Court may entertain a second Section 2255 motion only if the petitioner first acquires certification from the Ninth Circuit. 28 U.S.C. 2244(b)(3); 28 U.S.C. 2255(h); United States v. Reyes, 358 F.3d 1095 , 1097 (9th Cir.2004) ("A second or successive motion is allowed under 28 U.S.C. 2255, subject to certification pu
Summary: ORDER ROBERT C. JONES , District Judge . Petitioner moves this Court under 28 U.S.C. 2255 for a second time arguing that his conviction and sentence are invalid. The Court may entertain a second Section 2255 motion only if the petitioner first acquires certification from the Ninth Circuit. 28 U.S.C. 2244(b)(3); 28 U.S.C. 2255(h); United States v. Reyes, 358 F.3d 1095 , 1097 (9th Cir.2004) ("A second or successive motion is allowed under 28 U.S.C. 2255, subject to certification pur..
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ORDER
ROBERT C. JONES, District Judge.
Petitioner moves this Court under 28 U.S.C. § 2255 for a second time arguing that his conviction and sentence are invalid. The Court may entertain a second Section 2255 motion only if the petitioner first acquires certification from the Ninth Circuit. 28 U.S.C. § 2244(b)(3); 28 U.S.C. § 2255(h); United States v. Reyes, 358 F.3d 1095, 1097 (9th Cir.2004) ("A second or successive motion is allowed under 28 U.S.C. § 2255, subject to certification pursuant to 28 U.S.C. § 2244[.]"). Here, Petitioner has not acquired such certification. Thus, the Court lacks jurisdiction and dismisses the motion.
Conclusion
IT IS HEREBY ORDERED that Petitioner's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 (ECF No. 1192) is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Source: Leagle
