Baez-Gil v. USA

Filing 22

ORDER: Petitioner shall make a filing showing cause as outlined by July 23, 2013. So Ordered by Chief Judge Joseph N. Laplante.(jb)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Angel Baez-Gil
v.

Civil No. 12-cv-266-JL

United States of America
ORDER
Petitioner's counsel modestly suggests that he
“unnecessarily cabined” petitioner’s claim as one for ineffective
assistance.

But, as the prosecution points out, petitioner’s

claim necessarily had to be brought as one for ineffective
assistance due to petitioner’s failure to make his “core
argument” that the crime of conviction was “not legally
cognizable” in the underlying criminal proceeding.

At the very

least, the petitioner's motion does not explain why petitioner’s
failure to make that argument earlier does not result in a
procedural bar.

See, e.g., Awon v. United States, 308 F.3d 133,

142 (1st Cir. 2002).

On or before July 23, 2013, the petitioner

shall make a filing showing cause why the proposed claim should
not be dismissed as procedurally barred.
SO ORDERED.

Joseph N. Laplante
United States District Judge
Dated: July 2, 2013
cc:

Mark E. Howard, Esq.
Donald A. Feith, Esq.