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United States of America v. Alfredo Nuno

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


December 5, 2012

UNITED STATES OF AMERICA,
PLAINTIFF/RESPONDENT
v.
ALFREDO NUNO,
DEFENDANT/PETITIONER

ORDER ON PETITIONER'S MOTION FOR CERTIFICATE OF APPEALABILITY (Doc. 161)

Petitioner Alfredo Nuno ("Petitioner") is a federal prisoner who proceeded pro se with a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. The Court denied that motion on August 9, 2012. See Court's Docket, Doc. No. 152. On October 25, 2012, the Court denied Petitioner's motion to vacate judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, and declined to issue a certificate of appealability. See id., Doc. Nos. 157, 159. Now pending before the Court is Petitioner's Motion for Certificate of Appealability. See id., Doc. No. 161. However, because this Court already declined to issue a certificate of appealability, it appears Petitioner intended to file the instant motion in the Court of Appeals.

Accordingly, the motion is DENIED. Petitioner is advised that he may re-file the motion in the proper court.

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20121205

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