Penitani v. USA
| John Penitani |
| USA |
| 1:2021cv00295 |
| July 1, 2021 |
| US District Court for the District of Hawaii |
| SUSAN OKI MOLLWAY |
| ROM TRADER |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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Filing 3
ORDER REFERRING TO NINTH CIRCUIT DEFENDANT JOHN PENITANI'S SECOND MOTION UNDER U.S.C. 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE; EXHIBIT A - Signed by JUDGE SUSAN OKI MOLLWAY on 7/12/2021. This court refers Penitani's second or successive 2255 motion to the Ninth Circuit in accordance with Circuit Rule 22-3(a), which states, "If a second or successive petition or motion, or an application for authorization to file such a petition or motion, is mistakenly submitted to the district court, the district court shall refer it to the court of appeals." The Clerk of Court is directed to transmit to the Ninth Circuit this order, to which this court attaches as Exhibit A Penitani's second or successive 2255 motion. (The same motion was filed in Crim. No. 13-514 and Crim. No. 13-653, although only one copy of the motion is attached.) This order is to be served on Penitani himself and on Assistant United States Attorney Thomas Muehleck. The Clerk is further directed to terminate the Second Motion To Vacate Under 28 U.S.C. 2255 and the Motion for an Evidentiary Hearing (ECF Nos. 395 and 396 in Crim. No. 13-00514 and ECF Nos. 730 and 731 in Crim. No. 13-00653). (Attachments: # 1 Exhibit A) (CR 13-653 SOM-1; CV 21-00295 SOM-RT)(jo)
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| Filing 2 NOTICE of Case Assignment: Please reflect Civil Case Number CV 21-00295 SOM-RT on all further pleadings. All docket entries relative to the 28:2255 Motion will be entered in the Criminal Case: CR 13-00653 SOM-1. Please reflect the two case numbers: CR 13-00653 SOM-1 and CV 21-00295 SOM-RT on all further filings. (jo) |
| Filing 1 Second MOTION to Vacate Under 28 U.S.C. 2255 - filed by John Penitani (Attachments: #1 Mailing Envelope) (jo) |
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| Respondent: USA | |
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| Petitioner: John Penitani | |
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