VILLEDA v. UNITED STATES OF AMERICA

Filing 2

OPINION filed. Signed by Judge Mary L. Cooper on 12/13/2012. (eaj)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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JOSE MONROY VILLEDA,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

CIVIL ACTION NO. 12-7448 (MLC)
O P I N I O N

THE MOVANT, listing himself herein as Jose Monroy Villeda,
seeks to, inter alia, challenge a judgment of conviction entered
in state court in 1992.

(See dkt. entry no. 1.)

In pursuit of

that challenge, the movant has filed a form entitled, “Motion
Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence
By A Person In Federal Custody” (“2255 Form”).

(Id.)1

But

federal law provides “for the review of . . . federal court
convictions under 28 U.S.C. § 2255”.

Borden v. Allen, 646 F.3d

785, 809 (11th Cir. 2011), cert. denied, 132 S.Ct. 1910 (2012);
see United States v. Biberfeld, 957 F.2d 98, 101 (3d Cir. 1992)
(stating that Section 2255 permits a motion to correct a federal
court’s sentence).

1

The documents “filed pursuant to . . . § 2255 are
commonly referred to as habeas petitions”. Santana v. United
States, 98 F.3d 752, 753 n.1 (3d Cir. 1996). But Section 2255
directs that a party seeking relief thereunder proceed by filing
a motion. See generally 28 U.S.C. § 2255.

THE MOVANT cannot proceed under Section 2255 to challenge a
judgment of conviction entered in state court.

But the Court

notes that the movant has had a criminal indictment brought
against him in this Court under Criminal No. 12-570 (MLC), has
entered a plea of guilt thereunder, and is awaiting sentencing.2
The Court also notes that the movant filed — simultaneously with
the 2255 Form — a separate petition for a writ of coram nobis,
which was docketed under Civil Action No. 12-7449 (MLC).
Therefore, the Court intends to deny this Motion without
prejudice, and direct the movant to seek relief under Criminal
No. 12-570 (MLC) and Civil Action No. 12-7449 (MLC) only.

The

Court will issue an appropriate order.

s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
Dated:

December 13, 2012

2

The movant is named in the criminal matter as Jose
Monroy-Villeda. See generally Crim. No. 12-570 (MLC).
2