Brooks v. USA
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|Date Filed||#||Document Text|
|July 10, 2013
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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