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00-255 - USA v. DE LA ROSA, et al


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00-255 - USA v. DE LA ROSA, et al
December 17, 2009
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MEMORANDUM AND/OR OPINION AS TO COSME FRANCISCO THAT PETITIONER IS NOTIFIED THAT 28:2255 PROVIDES THAT THERE IS A 1 YEAR STATUTE LIMITATIONS; 28:2244(3) PROVIDES THAT BEFORE YOU CAN FILE A SECOND OR SUCCESSIVE HABEAS CORPUS MOTION IN THE DISTRICT COURT, YOU MUST FILE A MOTION WITH THE THIRD CIRCUIT; PETITIONER SHALL, ON OR BEFORE 1/15/10, FILE AND SERVE A DOCUMENT ENTITLED 'NOTICE OF INTENTION TO PROCEED' IN THE FORM ATTACHED TO THIS ORDER; IF PETITIONER DOES NOT FILE A TIMELY 'NOTICE OF INTENTION TO PROCEED' THE COURT WILL DECIDE THE PENDING MOTION UNDER 28:2255 FILED BY PETITIONER.. Signed by HONORABLE JOEL H. SLOMSKY on 12/14/09.12/18/09 Entered and Copies Mailed, E-Mailed. (jh, )
March 31, 2010
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ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE 28:2255 MOTION IS DISMISSED PURSUANT TO RULE 4(b) OF TGHE RULES GOVERNING 2255 PROCEEDINGS FOR U.S. DISTRICT COURTS; DEFT. HAS NEITHER SHOWN THE DENIAL OF A CONSTITUTIONAL RIGHT, NOR ESTABLISHED THAT REASONABLE JURISTS WOULD DISAGREE WITH THIS COURT'S DISPOSITION OF HIS CLAIMS, CONSEQUENTLY, A CERTIFICATE OF APPEALABILITY IS DENIED. Signed by HONORABLE JOEL H. SLOMSKY on 3/31/10.4/1/10 Entered and Copies Mailed, E-Mailed. (jh, )