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IN RE MOORE

No. 98-3145.

196 F.3d 252 (1999)

In re: Robert MOORE, Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided November 26, 1999.

Attorney(s) appearing for the Case

A. J. Kramer, Federal Public Defender, appointed by the court, argued the cause and filed the briefs as amicus curiae for petitioner.

Robert Moore, appearing pro se, was on the briefs for petitioner.

John R. Fisher, Assistant U.S. Attorney, argued the cause for respondent. With him on the brief were Wilma A. Lewis, U.S. Attorney, and Thomas S. Rees, Assistant U.S. Attorney.

Before: GINSBURG, ROGERS, and TATEL, Circuit Judges.

Opinion for the court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Robert Moore, a federal prisoner, asks this court to certify to the district court a "second or successive" habeas corpus petition under 28 U.S.C. § 2255. Because we conclude that Moore has not yet filed a first petition, however, he does not need such an order from this court; he may file a § 2255 petition directly with the sentencing court. Accordingly, we dismiss Moore...

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