Rivera v. United States of America

Rivera v. United States of America

Petitioner:	Jessie Rivera
Respondent:	United States of America
Case Number:	3:2007cv00086
Filed:	January 22, 2007
Court:	US District Court for the Middle District of Tennessee
Office:	Nashville Office
County:	Davidson
Presiding Judge:	Todd J. Campbell
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
May 15, 2013	Filing 23 ORDER: A review of the pending motion reveals that it raises the same sentencing claim that Petitioner raised in his initial Section 2255 motion to vacate that his April 13, 1992 California conviction did not constitute a felony supporting his Ca reer Offender status. Accordingly, the Court concludes that Petitioner's Rule 60(b)(6) Motion should be construed as a second or successive habeas petition. Therefore, the motion is hereby transferred to the Sixth Circuit Court of Appeals to obtain authorization to proceed, pursuant to 28 U.S.C. § 1631 and In re Sims, 111 F.3d 45, 47 (6th Cir.1997). It is so ORDERED. Signed by District Judge Todd J. Campbell on 5/15/13. (xc:Pro se party by regular and certified mail; 6CCA via email notification)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

Date Filed

Document Text

May 15, 2013

Filing 23 ORDER: A review of the pending motion reveals that it raises the same sentencing claim that Petitioner raised in his initial Section 2255 motion to vacate that his April 13, 1992 California conviction did not constitute a felony supporting his Ca reer Offender status. Accordingly, the Court concludes that Petitioner's Rule 60(b)(6) Motion should be construed as a second or successive habeas petition. Therefore, the motion is hereby transferred to the Sixth Circuit Court of Appeals to obtain authorization to proceed, pursuant to 28 U.S.C. § 1631 and In re Sims, 111 F.3d 45, 47 (6th Cir.1997). It is so ORDERED. Signed by District Judge Todd J. Campbell on 5/15/13. (xc:Pro se party by regular and certified mail; 6CCA via email notification)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

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Petitioner: Jessie Rivera
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Respondent: United States of America
Represented By:	William Mark Cohen
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