Cebreros v. USA
Filing
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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
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