Cebreros v. USA

Filing 2

ORDER Dismissing motion brought pursuant to 28 USC 2255 for failure to obtain certification from the Ninth Circuit. Signed by Judge Jeffrey T. Miller on 11/21/2017.(jpp)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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v.

CASE NO. 01cr2788 JM
CIVIL NO. 17cv2310 JM

Plaintiff,

ORDER DISMISSING MOTION
BROUGHT PURSUANT TO 28
U.S.C. §2255 FOR FAILURE
TO OBTAIN CERTIFICATION
FROM THE NINTH CIRCUIT

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JOSE G. CEBREROS,

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Defendant.
On November 14, 2017, Defendant Jose G. Cebreros filed a second Motion to

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Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. §2255 (“Motion”).1 As

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a prerequisite to bringing a second Motion, “[a] second or successive motion must be

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certified as provided in section 2244 by a panel of the appropriate court of appeal. . .”

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28 U.S.C. §2255(h). Accordingly, the court dismisses the Motion for failure to obtain

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the required certification from the Ninth Circuit. The Clerk of Court is instructed to

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close the file.

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IT IS SO ORDERED.

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DATED: November 21, 2017

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Hon. Jeffrey T. Miller
United States District Judge

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On February 23, 2011, the court denied Defendant’s first Motion to Vacate, Set Aside, or
Correct Sentence Pursuant to 28 U.S.C. §2255. (ECF 69).
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01cr2788/10cv0607

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cc:

All parties

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01cr2788/10cv0607