Sapp v. Warden NSDC et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES OF AMERICA,
Case No. 2:17-cv-01238-KJD-VCF
MARIO JACOB SAPP,
Mario Jacob Sapp, who was the defendant in United States v. Sapp, 2:15-cv-00221-KJD-
NJK, has filed a post-conviction petition for a writ of habeas corpus. He is challenging the validity
of his indictment, and, consequently, the validity of his sentence. The appropriate remedy for his
claims is through either appeal, which he currently is pursuing, or a motion pursuant to 28 U.S.C.
§ 2255, filed in United States v. Sapp. The court will dismiss this action.
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.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
DATED: May 5, 2017
KENT J. DAWSON
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?