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United States v. Campbell

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 16, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LARRY W. CAMPBELL DEFENDANT.

ORDER

Defendant Larry Campbell has filed an "amended motion" to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (docket 190), notwithstanding this court's previous denial, filed on 9/19/08 (docket # 155), of his requests to amend his petition to add new facts, and the court's subsequent denial, filed on 10/15/08 (docket # 167), of defendant's request to file a second § 2255 motion. Under 28 U.S.C. § 2244(b)(3)(A), an applicant must file a motion in the court of appeals before a second or successive § 2255 motion may be filed in this court. Under 28 U.S.C. § 2255(h), defendant must demonstrate to the Court of Appeals that: his motion contains newly discovered evidence tending to show actual innocence or involves a new rule of constitutional law made retroactive to cases on collateral review by the Supreme Court.

U.S. v. Nordick, 2008 WL 4000871 * 1 (E.D. Cal. Aug. 26, 2008). Campbell has not met the requirements of § 2244(b)(3)(A).*fn1

IT IS THEREFORE ORDERED that defendant's successive and otherwise defective § 2255 motion to vacate, filed on 1/13/09 (docket # 190) be, and the same hereby is, DENIED.


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