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David Longa v. United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII


November 9, 2011

DAVID LONGA,
PETITIONER,
v.
UNITED STATES OF AMERICA,
RESPONDENT.

The opinion of the court was delivered by: Susan Oki Mollway Chief United States District Judge

ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 60(b)

Petitioner David Longa moves for relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. A judgment was entered on September 2, 2011, in the civil action that was opened in connection with his 28 U.S.C. § 2255 motion, which challenged his conviction and sentence in the underlying criminal case. This court is without jurisdiction to consider Longa's motion and on that ground denies it.

Longa has a pending appeal from this court's earlier ruling. The very judgment that this court entered in the civil action is therefore no longer before this court, and it is the Ninth Circuit that has jurisdiction over the issue of whether that judgment is or is not correct. In light of the appeal, this court does not address the issue of whether what Longa calls a Rule 60(b) motion is actually a second or successive § 2255 motion that requires, but lacks, the certification by the Ninth Circuit that is required before a second or successive § 2255 motion may be filed. See 28 U.S.C. § 2244.

IT IS SO ORDERED.

Susan Oki Mollway

ORDER DENYING PETITIONER'S MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY

20111109

© 1992-2011 VersusLaw Inc.



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