U.S. v. Springer

Full title: UNITED STATES OF AMERICA, Plaintiff, v. CALVIN SPRINGER, Defendant

Court: United States District Court, D. Nevada

Date published: May 24, 2011

2:92-CR-00181-PMP (D. Nev. May. 24, 2011)

Opinion

2:92-CR-00181-PMP.

May 24, 2011

ORDER

PHILIP PRO, District Judge

Before the Court for consideration is Defendant Springer's Motion for Relief from Judgment Under 28 U.S.C. Rule 60(b)(6) and U.S.C. § 2255 (Doc. #346) filed April 28, 2011, and Plaintiff's Response in Opposition thereto (Doc. #348) filed May 13, 2011. For the reasons set forth in the Government's response (Doc. #348) to Defendant's Motion the Court finds that Defendant Springer's Motion for Relief from Judgment Under 28 U.S.C. Rule 60(b)(6) and U.S.C. § 2255 (Doc. #346) is a successive habeas corpus petition which has not been certified by the Court of Appeals for the Ninth Circuit. United States v. Allen, 157 F.3d 661, 664 (9th Cir. 1998) and Thompson v. Calderon, 151 F.3d 918, 921 (9th Cir. 1998).

IT IS THEREFORE ORDERED that Defendant Springer's Motion for Relief from Judgment Under 28 U.S.C. Rule 60(b)(6) and U.S.C. § 2255 (Doc. #346) is DENIED.