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No. 8645376
United States Court of Appeals for the Ninth Circuit
Orozco-Borboa v. United States
No. 8645376 · Decided November 21, 2007
No. 8645376·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 21, 2007
Citation
No. 8645376
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Federal prisoner Francisco Javier Orozco-Borboa appeals pro se from the district court’s judgment dismissing his habeas petition under 28 U.S.C. § 2241 . We have jurisdiction under 28 U.S.C. § 1291 . On January 25, 2007, a motions panel of this court certified for appeal the issue of whether “the district court erred in re-characterizing appellant’s 28 U.S.C. § 2241 petition as an initial 28 U.S.C. § 2255 motion.” Upon further review of the record, we conclude that the district court did not, in fact, so recharacterize appellant’s petition. Hence we vacate the certificate of appealability previously granted. Because we therefore lack subject-matter jurisdiction, we dismiss the appeal. See 28 U.S.C. § 2253 (c)(2); Phelps v. Alameda, 366 F.3d 722, 730-31 (9th Cir.2004). DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Federal prisoner Francisco Javier Orozco-Borboa appeals pro se from the district court’s judgment dismissing his habeas petition under 28 U.S.C.
Key Points
01MEMORANDUM ** Federal prisoner Francisco Javier Orozco-Borboa appeals pro se from the district court’s judgment dismissing his habeas petition under 28 U.S.C.
02On January 25, 2007, a motions panel of this court certified for appeal the issue of whether “the district court erred in re-characterizing appellant’s 28 U.S.C.
03§ 2255 motion.” Upon further review of the record, we conclude that the district court did not, in fact, so recharacterize appellant’s petition.
04Hence we vacate the certificate of appealability previously granted.
Frequently Asked Questions
MEMORANDUM ** Federal prisoner Francisco Javier Orozco-Borboa appeals pro se from the district court’s judgment dismissing his habeas petition under 28 U.S.C.
FlawCheck shows no negative treatment for Orozco-Borboa v. United States in the current circuit citation data.
This case was decided on November 21, 2007.
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