Legal Opinion
Rodriguez v. Martinez
District Court, D. Puerto Rico
Decided January 30, 2013No. Civil No. 09-2187 (DRD); Criminal No. 97-161(JAF)PublishedCited by 2 opinions
1Opinion of the Court
OPINION AND ORDER
DANIEL R. DOMINGUEZ, Senior District Judge.
Pending before this Court is a petition for a writ of habeas corpus under 28 U.S.C. § 2241 filed by petitioner Israel Rodriguez (“Petition”) (Docket No. 1), which was opposed by the United States (Docket No. 4) and referred to Magistrate Judge Justo Arenas for a Report and Recommendation (Docket No. 24).
Magistrate Judge Arenas recommended that the Petition be denied without a hearing based on four grounds:
1) [the Petition] is a second or successive 2255 motion, regardless of title, and the district court has no jurisdiction to…
2Cases cited94 opinions
- Thomas v. ArnSupreme Court of the United States · 1986
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Mathews v. WeberSupreme Court of the United States · 1976
- Paul W. Douglass v. United Services Automobile AssociationCourt of Appeals for the Fifth Circuit · 1996
- Schlup v. DeloSupreme Court of the United States · 1995
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3Cited by2 opinions
- Bracey v. SpauldingDistrict Court, D. Massachusetts · 2021
- Fusco v. SpauldingDistrict Court, D. Massachusetts · 2018