Brooks v. USA

Brooks v. USA

Petitioner:	Steven Bernard Brooks
Respondent:	USA
Case Number:	1:2012cv00682
Filed:	December 12, 2012
Court:	US District Court for the District of Hawaii
Office:	Hawaii Office
County:	Honolulu
Presiding Judge:	KEVIN S.C. CHANG
Presiding Judge:	SUSAN OKI MOLLWAY
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence
Jury Demanded By:	None

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Date Filed	Document Text
July 10, 2013	Filing 2 ORDER DENYING SECOND PETITION UNDER 28 U.S.C. § 2255 re 1 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 7/10/13. "Because Brooks has failed to obtain the required certification for purposes of § 2255(h), the c ourt denies Brooks's motion without prejudice to its being refiled if Brooks obtains such certification. To the extent an appeal from the present ruling requires Brooks to obtain a certificate of appealability, this court declines to i ssue a certificate of appealability and instead states that Brooks's remedy is to seek certification from the Ninth Circuit for a second or successive § 2255 motion. This order renders moot the request contained in Brooks's letter t o the court dated June 30, 2013, regarding participation by telephone in the hearing previously scheduled for July 29, 2012. No hearing will be conducted. The Clerk of Court is directed to enter judgment against Brooks in the civil action." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Steven Bernard Brooks shall be served by first class mail at the address of record on July 11, 2013.

Date Filed

Document Text

July 10, 2013

Filing 2 ORDER DENYING SECOND PETITION UNDER 28 U.S.C. § 2255 re 1 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 7/10/13. "Because Brooks has failed to obtain the required certification for purposes of § 2255(h), the c ourt denies Brooks's motion without prejudice to its being refiled if Brooks obtains such certification. To the extent an appeal from the present ruling requires Brooks to obtain a certificate of appealability, this court declines to i ssue a certificate of appealability and instead states that Brooks's remedy is to seek certification from the Ninth Circuit for a second or successive § 2255 motion. This order renders moot the request contained in Brooks's letter t o the court dated June 30, 2013, regarding participation by telephone in the hearing previously scheduled for July 29, 2012. No hearing will be conducted. The Clerk of Court is directed to enter judgment against Brooks in the civil action." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Steven Bernard Brooks shall be served by first class mail at the address of record on July 11, 2013.

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Petitioner: Steven Bernard Brooks
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Respondent: USA
Represented By:	Beverly W. Sameshima
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