USA v. Ventura-Olivo et al
Criminal

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

ORDER - The Defendant's motion to vacate under 28 U.S.C. § 2255 (Filing No. {{252}}) 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. (Copy mailed to pro se party)(GJG) Civil Case 8:10-cv-00119-LSC closed.

Interested in this case?

Current View

Full Text

8:04-cr-00302-LSC-FG3 Doc # 253 Filed: 07/01/10 Page 1 of 1 - Page ID # 1361 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 to vacate under 28 U.S.C. § 2255 (Filing No. 252). Although the motion is entitled as one brought under 28 U.S.C. § 2241, the body of the motion indicates it was filed under § 2255. Also, although the motion was docketed as a "successive" § 2255 motion, it is the first § 2255 motion. In the Court's previously issued Memorandum and Order (Filing No. 251), the Court explained that the time has expired for the filing of a § 2255 motion. IT IS ORDERED: 1. The Defendant's motion to vacate under 28 U.S.C. § 2255 (Filing No. 252) 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 1st day of July, 2010. BY THE COURT: s/Laurie Smith Camp United States District Judge