JIMINIAN v. NASH

Docket No. 00-3758.

245 F.3d 144 (2001)

Benito JIMINIAN, Petitioner-Appellant, v. John NASH, Warden FCI Ray Brook, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 2, 2001.


Attorney(s) appearing for the Case

Benito Jiminian, pro se, Ray Brook, NY, for petitioner-appellant.

No Appearance for respondent-appellee.

Before: VAN GRAAFEILAND, WINTER, and SOTOMAYOR, Circuit Judges.


SOTOMAYOR, Circuit Judge:

On December 11, 2000, Benito Jiminian, pro se, applied pursuant to 28 U.S.C. § 2244 for an order authorizing the district court to consider a second or successive motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. In his application, Jiminian conceded that he had a prior § 2255 motion dismissed on the merits and that he could not meet the Antiterrorism and Effective Death Penalty Act's ("AEDPA...

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