Jimenez-Torres v. USA

Jimenez-Torres v. USA

Petitioner:	Wilfredo Jimenez-Torres
Respondent:	USA
Case Number:	3:2017cv02348
Filed:	December 7, 2017
Court:	US District Court for the District of Puerto Rico
Office:	San Juan Office
County:	San Juan
Presiding Judge:	Carmen C. Cerezo
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
April 6, 2018	Filing 3 JUDGMENT of USCA (certified copy) as to Wilfredo Jimenez-Torres (1) re 70 Notice of Appeal - Final Judgment (filed in Cr. 13-cr-291-CCC); In November 2017, Defendant-Appellant Wilfredo Jimenez-Torres, pro se, filed in the district court a document c aptioned "notice of appeal under the 28 U.S.C. § 2255." However, we now conclude that the filing was intended as a § 2255 motion. Accordingly, the clerk shall transfer the motion back to the United States District Court for the District of Puerto Rico. This court expresses no view as to whether the motion is timely or meritorious, and we leave it to the district court to coordinate handling of this motion with handling of the § 2255 motion that Jimenez-Torres filed several weeks after filing the current motion. See D. Ct. Case No. 17-cv-02348-CCC. This appeal is TERMINATED. (Attachments: # 1 Exhibit Motion) (xi)

Date Filed

Document Text

April 6, 2018

Filing 3 JUDGMENT of USCA (certified copy) as to Wilfredo Jimenez-Torres (1) re 70 Notice of Appeal - Final Judgment (filed in Cr. 13-cr-291-CCC); In November 2017, Defendant-Appellant Wilfredo Jimenez-Torres, pro se, filed in the district court a document c aptioned "notice of appeal under the 28 U.S.C. § 2255." However, we now conclude that the filing was intended as a § 2255 motion. Accordingly, the clerk shall transfer the motion back to the United States District Court for the District of Puerto Rico. This court expresses no view as to whether the motion is timely or meritorious, and we leave it to the district court to coordinate handling of this motion with handling of the § 2255 motion that Jimenez-Torres filed several weeks after filing the current motion. See D. Ct. Case No. 17-cv-02348-CCC. This appeal is TERMINATED. (Attachments: # 1 Exhibit Motion) (xi)

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Respondent: USA
Represented By:	Mariana E. Bauza
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Petitioner: Wilfredo Jimenez-Torres
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