Sapp v. Warden NSDC et al

Filing 3

ORDER. IT IS ORDERED that this action is DISMISSED without prejudice. The clerk of the court shall enter judgment accordingly and close this action. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. Signed by Judge Kent J. Dawson on 5/5/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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Plaintiff,

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vs.

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Case No. 2:17-cv-01238-KJD-VCF

MARIO JACOB SAPP,

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ORDER

Defendant.

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Mario Jacob Sapp, who was the defendant in United States v. Sapp, 2:15-cv-00221-KJD-

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NJK, has filed a post-conviction petition for a writ of habeas corpus. He is challenging the validity

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of his indictment, and, consequently, the validity of his sentence. The appropriate remedy for his

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claims is through either appeal, which he currently is pursuing, or a motion pursuant to 28 U.S.C.

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§ 2255, filed in United States v. Sapp. The court will dismiss this action.

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Reasonable jurists would not find the court’s conclusion to be debatable or wrong, and the
court will not issue a certificate of appealability.
IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice. The
clerk of the court shall enter judgment accordingly and close this action.

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IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

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DATED: May 5, 2017

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_________________________________
KENT J. DAWSON
United States District Judge