Chon v. United States of America

Filing 35

MEMORANDUM DECISION denying 33 Motion for New Trial ; denying 33 Motion for Hearing. Signed by Judge Ted Stewart on 10/22/2012. (asp)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

TAE H. CHON,
Petitioner,

MEMORANDUM DECISION AND
ORDER DENYING PETITIONER’S
52(b) MOTION

vs.

UNITED STATES OF AMERICA,

Civil Case No. 2:09-CV-654 TS

Respondent.

Criminal Case No. 2:01-CR-487 TS

This matter is before the Court on Petitioner’s 52(b) Motion. Considering Petitioner’s
Motion, the Court finds that it constitutes a second or successive petition under 28 U.S.C. §
2255. As such, the Court does not have the jurisdiction to address the merits of the Motion.1 It
is therefore
ORDERED that Petitioner’s 52(b) Motion (Docket No. 33 in Case No. 2:09-CV-654 TS
and Docket No. 149 in Case No. 2:01-CR-487 TS) is DISMISSED for lack of jurisdiction.

1

In re Cline, 531 F.3d 1249, 1251 (10th Cir. 2008) (“A district court does not have
jurisdiction to address the merits of a second or successive § 2255 . . . claim until [the
appropriate court of appeals] has granted the required authorization.”)..
1

DATED October 22, 2012.
BY THE COURT:

_____________________________________
TED STEWART
United States District Judge

2