USA v. Ventura-Olivo et al
Criminal

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

ORDER denying {{269}} Motion to Vacate (2255) as to Jozabet Castro-Garzon (3) - The Defendant's successive § 2255 motion is denied for lack of an order from the Eighth Circuit allowing this Court to consider the motion. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to defendant) (TEL) Civil Case 8:12-cv-00155-LSC closed.

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8:04-cr-00302-LSC-FG3 Doc # 270 Filed: 05/07/12 Page 1 of 1 - Page ID # 1429 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 successive motion under 28 U.S.C. § 2255 (Filing No. 269). 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's successive § 2255 motion is denied for lack of an order from the Eighth Circuit allowing this Court to consider the motion. IT IS ORDERED: 1. The Defendant's successive motion under 28 U.S.C. § 2255 (Filing No. 269) 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 7th day of May, 2012. BY THE COURT: s/Laurie Smith Camp Chief United States District Judge