Chon v. United States of America, No. 2:2009cv00654 - Document 35 (D. Utah 2012)

Court Description: MEMORANDUM DECISION denying 33 Motion for New Trial ; denying 33 Motion for Hearing. Signed by Judge Ted Stewart on 10/22/2012. (asp)
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IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION TAE H. CHON, Petitioner, MEMORANDUM DECISION AND ORDER DENYING PETITIONER S 52(b) MOTION vs. UNITED STATES OF AMERICA, Civil Case No. 2:09-CV-654 TS Respondent. Criminal Case No. 2:01-CR-487 TS This matter is before the Court on Petitioner s 52(b) Motion. Considering Petitioner s Motion, the Court finds that it constitutes a second or successive petition under 28 U.S.C. § 2255. As such, the Court does not have the jurisdiction to address the merits of the Motion.1 It is therefore ORDERED that Petitioner s 52(b) Motion (Docket No. 33 in Case No. 2:09-CV-654 TS and Docket No. 149 in Case No. 2:01-CR-487 TS) is DISMISSED for lack of jurisdiction. 1 In re Cline, 531 F.3d 1249, 1251 (10th Cir. 2008) ( A district court does not have jurisdiction to address the merits of a second or successive § 2255 . . . claim until [the appropriate court of appeals] has granted the required authorization. ).. 1 DATED October 22, 2012. BY THE COURT: _____________________________________ TED STEWART United States District Judge 2