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United States v. Begay

United States District Court, Ninth Circuit

July 25, 2013

United States of America, Plaintiff,
v.
Ivan Ray Begay, Defendant/Movant.

ORDER

PAUL G. ROSENBLATT, District Judge.

Pending before the Court is the movant's Motion for Leave to File a Supplemental Pleading Pursuant to 28 U.S.C. § 2242, and Rule 15(d) of the Federal Rules of Civil Procedure, filed July 18, 2013, wherein the movant states that he is "not replacing the original 2255, only to correct claims, attempted to be set forth in it."[1] The Court finds that the motion should be summarily denied because there is nothing left in this action to supplement, amend, or correct as the § 2255 motion that the movant is attempting to now add to was dismissed as time-barred on March 7, 2011 and the Ninth Circuit Court of Appeals dismissed the movant's appeal of the judgment of dismissal on August 27, 2012 when it denied the issuance of a certificate of appealability. Since that time the Court has denied various improper procedural attempts by the movant to amend his § 2255 motion and the Ninth Circuit has on repeated occasions denied the movant either a certificate of appealability or permission to file a second or successive § 2255 motion raising these same general claims. See Order (Doc. 31), entered on June 12, 2013, setting forth the procedural post-judgment history of this action.[2] Therefore,

IT IS ORDERED that the movant's Motion for Leave to File a Supplemental Pleading Pursuant to 28 U.S.C. § 2242, and Rule 15(d) of the Federal Rules of Civil Procedure (Doc. 32) is denied.


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