United States v. Farley

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

Defendant, David Farley, is a sentenced prisoner in federal custody who has filed a pro se Petition for Issuance of Writ of Error Coram Nobis Under 28 U.S.C. § 1651 and Motion Pursuant to Rule 52(b) Federal Rules of Criminal Procedure (Plain Error) filed July 10, 1997. As a threshold matter, we note that the defendant has filed at least two prior motions under 28 U.S.C. § 2255 and we do not believe the defendant can circumvent the certification requirements for second or successive motions under 28 U.S.C. § 2244 by merely labeling his motion as a…