Settle v. USA

Filing 3

ORDER Granting Petitioner Ruben Settle's Motion To Dismiss His Own 28 U.S.C. § 2255 Motion Without Prejudice. "This court grants the request to dismiss the § 2255 motion without prejudice. So that there is no con fusion, this court reminds Settle that, as set forth in this court's earlier orders in this very case, any § 2255 motion is subject to a limitations period, and any second or successive § 2255 motion must be certified by the Ninth Circ uit Court of Appeals. With the dismissal of Settle's § 2255 motion, the present § 2255 matter is concluded, and the Clerk of Court is directed to enter judgment in favor of the United States with respect to Settle's § 2255 mo tion.". Signed by JUDGE SUSAN OKI MOLLWAY on 12/21/17. (cib, )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). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
UNITED STATES OF AMERICA,
Plaintiff,
vs.
RUBEN SETTLE,
Defendant.

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CR. NO. 15-00098-01
CIV. NO. 17-00565 SOM-KSC
ORDER GRANTING PETITIONER RUBEN
SETTLE'S MOTION TO DISMISS HIS
OWN 28 U.S.C. § 2255 MOTION
WITHOUT PREJUDICE

ORDER GRANTING PETITIONER RUBEN SETTLE'S MOTION
TO DISMISS HIS OWN 28 U.S.C. § 2255 MOTION WITHOUT PREJUDICE
Petitioner Ruben Settle has moved for relief under 28
U.S.C. § 2255.

This court ordered him to show cause why his

motion should not be dismissed as untimely.

Instead of making

the required showing, Settle filed a Motion To Dismiss Without
Prejudice, asking that this court "issue an order dismissing this
motion that is not in front of this honorable [court] that was
filed pursuant to 28 U.S.C. § 2255.”

This court grants the

request to dismiss the § 2255 motion without prejudice.
So that there is no confusion, this court reminds
Settle that, as set forth in this court's earlier orders in this
very case, any § 2255 motion is subject to a limitations period,
and any second or successive § 2255 motion must be certified by
the Ninth Circuit Court of Appeals.
With the dismissal of Settle's § 2255 motion, the
present § 2255 matter is concluded, and the Clerk of Court is

directed to enter judgment in favor of the United States with
respect to Settle's § 2255 motion.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, December 21, 2017.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge

United States of America v. Ruben Settle, CR. NO. 15-00098-01,
CIV. NO. 17-00565 SOM-KSC
ORDER GRANTING PETITIONER RUBEN SETTLE'S MOTION TO DISMISS HIS
OWN 28 U.S.C. § 2255 MOTION WITHOUT PREJUDICE

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