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Jose Trinidad Lara v. Linda Sanders (Warden

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 18, 2012

JOSE TRINIDAD LARA
v.
LINDA SANDERS (WARDEN)

The opinion of the court was delivered by: Present: The Honorable Gary Allen Feess

CIVIL MINUTES - GENERAL

Renee Fisher None N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None None

Proceedings: (In Chambers)

ORDER DENYING PURPORTED SECTION 2241 PETITION

Petitioner contends that he petitions for relief from his conviction on grounds of his "actual innocence." His petition belies such claim. Rather, he complains about the United States Sentencing Guidelines offense level and enhancements. Thus, he is in fact making yet another motion attacking his sentence under 28 U.S.C. § 2255.

Petitioner has already unsuccessfully attacked his sentence in a prior Section 2255 motion, and has not sought permission from the Ninth Circuit to file a successive petition. See 28 U.S.C. § 2255; Ninth Cir. Rule 22-3(a). Moreover, even if he had requested permission, he could not make the showing required to file a second collateral attack on his conviction. As the Government notes in its opposition to the petition, there are other procedural defects in the petition that preclude relief.

The petition is DENIED and is ORDERED DISMISSED.

IT IS SO ORDERED.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. CV 12-259-GAF; CR 01-33-GAF

Date April 18, 2012

Jose Trinidad Lara v. Linda Sanders (Warden)

Initials of

Preparer

20120418

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