Moore v. United States of America Doc.

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Case 3:08-cv-05068-RBL Document 5 Filed 03/03/2008 Page 1 of 1

1 HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
8 WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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10 UNITED STATES OF AMERICA,
Case Nos. CR99-5534RBL
11 Plaintiff, CR01-5089RBL
C08-5068RBL
12 v.

13 MAXIE A. MOORE, ORDER

14 Defendant.

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On February 28, 2008 this Court entered an Order dismissing without prejudice defendant’s 28 U.S.C.
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§2255 motion as a second or successive motion. That Order was issued in error. Instead of dismissing the
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motion without prejudice and directing the defendant to file with the Ninth Circuit, Ninth Circuit Rule 22-3
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directs this Court to refer the second or successive motion to the Court of Appeals. Therefore, it is hereby
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ORDERED:
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(1) The clerk shall transfer defendant’s motion to the Ninth Circuit Court of Appeals as a second
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24 (2) The clerk shall serve a copy of this Order on all counsel of record and on the defendant and
shall administratively close this case.
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Dated this 3rd day of March, 2008.

A
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RONALD B. LEIGHTON
28 UNITED STATES DISTRICT JUDGE

ORDER
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