Moore v. United States of America

Filing 3

ORDER Transferring Case as Successive Petition by Judge Benjamin H Settle. (TG; cc mailed to petitioner)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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WILLIAM G. MOORE,

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Petitioner,

CASE NO. C11-5662
(CR95-5415BHS)

v.
UNITED STATES OF AMERICA,

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Respondent.

ORDER TRANSFERRING
CASE AS SUCCESSIVE
PETITION

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This matter comes before the Court on Petitioner’s Motion to Set Aside

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Sentence/Conviction Pursuant to 28 U.S.C. § 2255 (Dkt. 1). The Court has considered the

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motion and the remainder of the file and hereby transfers the motion to the United States

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Court of Appeals for the Ninth Circuit for the reasons stated herein.

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On August 19, 2010, Petitioner filed a § 2255 motion, which the Court transferred

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to the Ninth Circuit as a successive petition. See Dkt. 248 (3:95-cr-05415-BHS). On

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November 17, 2010, and without permission of the Ninth Circuit, Petitioner filed yet

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another § 2255 motion in this case. Dkt. 1; see also Dkt. 250 (3:95-cr-05415-BHS). On

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August 19, 2011, Petitioner filed the instant and again successive § 2255 petition without

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permission of the Ninth Circuit.

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ORDER - 1

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Therefore, it is hereby ORDERED that this case is TRANSFERRED to the

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United States Court of Appeals for the Ninth Circuit as a successive petition, and the

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Clerk of Court shall enter a statistical termination of this case.

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DATED this 31st day of August, 2011.

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A

BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2