FEMIA v. U.S.

No. 697, Docket 94-2303.

47 F.3d 519 (1995)

Francesco FEMIA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 8, 1995.


Attorney(s) appearing for the Case

Francesco Femia, pro se.

Mary Jo White, U.S. Atty. for the So. D.N.Y. (Andrew C. McCarthy and Alexandra Rebay, Asst. U.S. Atty., So. D.N.Y., of counsel), for respondent-appellee.

Before: WALKER, JACOBS, and CALABRESI, Circuit Judges.


WALKER, Circuit Judge:

Habeas corpus petitioner Francesco Femia appeals from an order of the United States District Court for the Southern District of New York (Robert J. Ward, Judge) dismissing sua sponte and without prior notice his second petition under 28 U.S.C. § 2255 as an abuse of the writ. The issues before us are (1) whether a district court has the power to dismiss a petition sua sponte for abuse of the writ, and, if so, (2) whether...

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