UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
January 8, 2008
SALVADOR OLGUIN, PETITIONER,
UNITED STATES OF AMERICA, RESPONDENT.
The opinion of the court was delivered by: Hon. Thomas J. Whelan United States District Judge
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS
On January 18, 2006, Petitioner Salvador Olguin ("Petitioner"), a federal prisoner proceeding pro se, submitted a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2255. [Doc. No. 136.] On July 14, 2007, this Court issued an Order Denying Petitioner's Request for a Writ of Habeas Corpus. [Doc. No. 143.]
Meanwhile, on July 9, 2007, Petitioner filed an application with the Ninth Circuit for authorization to file a second or successive 28 U.S.C. § 2255 motion. On September 12, 2007, the Ninth Circuit denied the application and ordered that "[n]o petition for rehearing or motion for reconsideration shall be filed or entertained in this case." [Doc. No. 147.]
On November 9, 2007, Petitioner filed a "Memorandum Of Law In Support Of Petition Pursuant To 'Title 18, United States Code, Section § 3582(c)(2)' and 'United States Sentencing Guidelines §§§ 1B1.10, 2D1.1(c), 4A1, 2(c)' For Re-Sentencing As To The Intervening Change 'In Any Illicit Drug' 'Methamphetamine, Marijuana, Herion [sic], Powder Cocaine' and 'Criminal History Category and Points Guideline.'" [Doc. No. 151.] Because the motion challenges Petitioner's sentence and was filed in Petitioner's habeas case, the Court construes the motion as another Petition for Writ of Habeas Corpus under 28 U.S.C. § 2255.
In light of the Ninth Circuit's September 12, 2007 order, this Court cannot rule on the merits of Petitioner's claim. The Petition [Doc. No. 151] is therefore DENIED and the Clerk of the Court shall close the district court file.*fn1
IT IS SO ORDERED.