Franco-Pou v. USA

Filing 5

ORDER denying without prejudice 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Signed by Judge Stefan R. Underhill on 1/30/2012. (Munoz, A.)

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JOSE A. FRANCO-POU, Petitioner, No. 3:11cv1859 (SRU) v. UNITED STATES OF AMERICA, Respondent. ORDER Jose Franco-Pou pled guilty on October 13, 2004 to a charge of conspiracy to possess with the intent to distribute cocaine. Judgment entered against Franco-Pou on March 7, 2005. Franco-Pou filed a notice of appeal on March 9, 2005, but withdrew his appeal on June 13, 2005. On November 21, 2011, Franco-Pou filed a letter motion requesting the sentencing transcripts and plea agreements of his co-defendants so that he could prepare a motion pursuant to 28 U.S.C. § 2255. Any potential motion pursuant to section 2255, however, appears untimely. As such, Franco-Pou’s letter motion [doc. # 1] is DENIED without prejudice. Franco-Pou may resubmit his request only upon a showing of good cause for tolling the statute of limitations for bringing a petition pursuant to section 2255. Franco-Pou shall submit any renewed request within thirty (30) days of the entry of this order. It is so ordered. Dated at Bridgeport, Connecticut, this 30 day of January 2012. /s/ Stefan Underhill Stefan R. Underhill United States District Judge

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