Moose v. USA
| Thirplus Moose |
| USA |
| 4:2023cv00322 |
| May 8, 2023 |
| US District Court for the Western District of Missouri |
| Gary A Fenner |
| Prisoner Pro Se |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 6 TRANSMISSION of Notice of Appeal and docket sheet to US Court of Appeals, Federal Circuit, via e-mail. Related document #4 Notice of Appeal. (Willis, Kathy) |
Filing 5
ORDER that the Court DECLINES to issue a certificate of appealability and directs the Clerk to send this case to the Court of Appeals. Signed on 6/12/2023 by District Judge Gary A. Fenner. (Willis, Kathy)
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| Filing 7 IFP FINANCIAL AFFIDAVIT with INMATE ACCOUNT STATEMENT filed by Thirplus Moose. (Willis, Kathy) |
| Filing 4 NOTICE OF APPEAL filed by Thirplus Moose. (Willis, Kathy) |
| Filing 3 CLERK'S JUDGMENT: This case is dismissed without prejudice (Willis, Kathy) |
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Filing 2
ORDERED that this is not Movant's first 2255 motion. See Moose v. United States, 17-0916-CV-W- GAF-P ( 2255 case dismissed as having been untimely filed). "A second or successive motion must be certified... by a panel of the appropriate court of appeals to contain (1) newly discovered evidence..., or (2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable." 2255(h) (underscore added). Movant's motion has not been so certified. This case is dismissed without prejudice. Signed on 5/11/2023 by District Judge Gary A. Fenner. (Willis, Kathy)
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| Filing 1 MOTION to vacate, set aside or correct sentence (2255) filed by Thirplus Moose. (Attachments: #1 Affidavit, #2 Exhibits)(Willis, Kathy) |
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| Petitioner: Thirplus Moose | |
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| Respondent: USA | |
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