Legal Opinion

United States v. Luis G. Leon

Court of Appeals for the Second Circuit

Decided February 10, 2000No. 19-1162PublishedCited by 92 opinions

1Per curiam

The question presented, as a matter of first impression for this Court, is whether a federal court has jurisdiction to consider a motion to extend the time to file a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 when no such petition has actually been filed. The question arises on a motion by the Government to dismiss appellant Luis G. Leon’s appeal from an order of the United States District Court for the District of Connecticut (Peter C. Dorsey, Judge) denying Leon’s “Motion in Request to Submit an Out of Time Petition (§ 2255).” We conclude that jurisdiction is lacking…

2Cases cited4 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. United States National Bank v. Independent Insurance Agents of America, Inc.Supreme Court of the United States · 1993
  3. Fernando Soto v. United StatesCourt of Appeals for the Second Circuit · 1999
  4. Application of WattanasiriDistrict Court, S.D. New York · 1997

3Cited by92 opinions

  1. Donald Green, Also Known as Sly, Also Known as Stone v. United StatesCourt of Appeals for the Second Circuit · 2001
  2. Wight v. BankAmerica Corp.Court of Appeals for the Second Circuit · 2000
  3. United States v. Corbin ThomasCourt of Appeals for the Third Circuit · 2013
  4. The City of Rome, New York v. Verizon Communications Inc.Court of Appeals for the Second Circuit · 2004
  5. United States v. Mario AsakevichCourt of Appeals for the Sixth Circuit · 2016

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