Opinion
CASE NO. 5:06CR00041
04-28-2015
UNITED STATES OF AMERICA, v. O'BENSON SESERE
(CASE NO. 5:15CV80818)
FINAL ORDER
By: Glen E. Conrad Chief United States District Judge
In accordance with the accompanying memorandum opinion, it is hereby
ADJUDGED AND ORDERED
that defendant's motion, styled as "MOTION TO VACATE JUDGMENT AND SENTENCE UNDER FED. R. CIV. P. 60(D)(3) FRAUD ON THE COURT IN AN INDEPENDENT ACTION NOT TO BE CONSTRUED AS SECOND OR SUCCESSIVE § 2255" (ECF No 1131) is DENIED; defendant's submission is CONSTRUED as a second motion to vacate, set aside or correct the sentence under 28 U.S.C. § 2255, which is DISMISSED without prejudice as successive under § 2255(h); and this action is hereby stricken from the active docket of the court. Finding that defendant has not made the requisite showing of denial of a substantial right, a certificate of appealability is DENIED.
ENTER: This 28th day of April 2015.
/s/_________
Chief United States District Judge