Motta v. USA

Filing 18

ORDER REFERRING TO NINTH CIRCUIT DEFENDANT ETHAN MOTTA'S SECOND OR SUCCESSIVE PETITION UNDER 28 U.S.C. § 2255; EXHIBIT A re 14 - Signed by JUDGE SUSAN OKI MOLLWAY on 8/4/2016. (CR 06-00080 SOM; CV 14-00090 SOM-BMK)< /font> " Motta's Rule 60(b) motion must be treated as a "secondor successive" § 2255 motion. This court therefore refers the motion to the Ninth Circuit pursuant to Rule 22-3(a) for § 2255(h) certifica tion purposes. The Clerk of Court is directed to send this order, including Exhibit A, to the Ninth Circuit. The Clerk of Court is also directed to terminate Motta's motion as well as the Government motion to dismiss and to close this case pending theNinth Circuit's § 2255(h) certification decision." Motion terminated: 14 MOTION Pro Se Motion for Relief from Judgment or Order Pursuant to Rule 60(b)(1) & (2) & (6) Federal Rules of Civi l Procedure filed by Ethan Motta. Attachments: # 1 Exhibit "A" (Part 1 of 5), # 2 Exhibit "A" (Part 2 of 5), # 3 Exhibit "A" (Part 3 of 5), # 4 Exhibit "A" (Part 4 of 5), # 5 Exhibit "A" (Part 5 of 5 ) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Ethan Motta served by first class mail at the address of record on August 4, 2016. The Ninth Circuit Court of Appeals served electronically.