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Leon-Torres v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


October 15, 2007

RAMON DE LEON-TORRES, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge

[Related Case No. 04cr2898-LAB]

[Related Case No. 05cv2074]

ORDER DENYING WITH PREJUDICE 28 U.S.C. § 2255 MOTION

By Order entered April 26, 2006, the undersigned District Judge denied petitioner Ramon DeLeon-Torres' ("DeLeon-Torres") 28 U.S.C. § 2255 motion in Case No. 05cv2074-LAB and dismissed that action prejudice. De-Leon Torres appealed that result. By Order entered September 14, 2007, the Ninth Circuit Court of Appeals denied his application for authorization to file a second or successive 28 U.S.C. § 2255 motion in the District Court, for failure to make the required prima facie showing. See 04cr2898-LAB Dkt No. 35; see also 05cv2074-LAB Dkt No. 1. The Ninth Circuit instructed: "No petition for rehearing or motion for reconsideration shall be filed or entertained in this case." Id. On September 20, 2007, DeLeon-Torres impermissibly filed a second or successive 28 U.S.C. § 2255 motion in this new case, again seeking to vacate, set aside, or correct his sentence. The motion is DENIED WITH PREJUDICE.

IT IS SO ORDERED.

20071015

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