Opinion
Criminal Case No. 88-00056, CV-02-00001
April 2, 2002
ORDER
This Court is in receipt of Defendant's Motion to set aside, correct or vacate his sentence pursuant to 28 U.S.C. § 2255, filed on January 2, 2002. This is the second section 2255 motion which the defendant has filed. However, the defendant has failed to obtain permission from the Ninth Circuit to file a successive motion pursuant to 28 U.S.C. § 2244 (b). See 28 U.S.C. § 2255. Moreover, this motion is untimely and exceeds the one year statute of limitations. See Id. Accordingly, the Court DENIES the Defendant's motion.