USA v. Ventura-Olivo et al
Criminal

District of Nebraska, ned-8:2004-cr-00302-31949

ORDER - The Defendant's motion for leave to file a successive motion under 28 U.S.C. § 2255 (Filing No. {{265}}) is denied. The Clerk is directed to mail a copy of this order to the Defendant at his last known address as to Jozabet Castro-Garzon (3). Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)

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8:04-cr-00302-LSC-FG3 Doc # 266 Filed: 10/03/11 Page 1 of 1 - Page ID # 1412 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,) CASE NO. 8:04CR302) Plaintiff,)) vs.) ORDER) JOZABET CASTRO-GARZON,)) Defendant.) This matter is before the Court on the Defendant's motion for leave to file a successive motion under 28 U.S.C. § 2255 (Filing No. 265). Rule 9 of the Rules Governing Section 2255 Proceedings provides: "Before presenting a second or successive motion, the moving party must obtain an order from the appropriate court of appeals authorizing the district court to consider the motion, as required by 28 U.S.C. § 2255, para. 8." The Defendant motion must be addressed to the Eighth Circuit Court of Appeals. IT IS ORDERED: 1. The Defendant's motion for leave to file a successive motion under 28 U.S.C. § 2255 (Filing No. 265) is denied; and 2. The Clerk is directed to mail a copy of this order to the Defendant at his last known address. DATED this 3rd day of October, 2011. BY THE COURT: s/Laurie Smith Camp United States District Judge