· 5/14/2024
Massoumi v. Ganju
Citations
- 2024 NY Slip Op 02667
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the statute “sharply re‐ strict[s] a second or successive motion to narrow circum‐ stances”
- explaining that the statute “sharply re‐ strict[s] a second or successive motion to narrow circum‐ stances”
- stating, “[w]ithout authorization from the court of appeals, the district court has no jurisdiction to hear” a second or successive motion under § 2255
- holding “a second-in-time motion filed under 28 U.S.C. § 2255 is barred as ‘second or successive’ when a prisoner has been resentenced pursuant to a successful first section 2255 motion, and the new motion challenges only the underlying conviction, not the resentencing”
- relying on pre- Magwood circuit precedent and determining Magwood did not address the issue
- “Without authorization from the court of appeals, the district court has no jurisdiction to hear [a successive section 2255 motion].”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.