Legal Opinion
Francesco Femia v. United States
Court of Appeals for the Second Circuit
Decided February 8, 1995No. 697, Docket 94-2303PublishedCited by 41 opinions
1Opinion of the Court
WALKER, Circuit Judge:
Habeas corpus petitioner Francesco Femia appeals from an order of the United States District Court for the Southern District of New York (Robert J. Ward, Judge) dismissing sua sponte and without prior notice his second petition under 28 U.S.C. § 2255 as an abuse of the writ. The issues before us are (1) whether a district court has the power to dismiss a petition sua sponte for abuse of the writ, and, if so, (2) whether such dismissal was proper without prior notice to Femia. We hold that a district court may dismiss sua sponte a petition under § 2255, and, where it is a…
2Cases cited25 opinions
- Murray v. CarrierSupreme Court of the United States · 1986
- United States v. FradySupreme Court of the United States · 1982
- McCleskey v. ZantSupreme Court of the United States · 1991
- Sanders v. United StatesSupreme Court of the United States · 1963
- Hill v. United StatesSupreme Court of the United States · 1962
20 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- United States v. Tyrone Perez, Also Known as Larry, Also Known as StarkyCourt of Appeals for the Second Circuit · 1997
- Marcus Lozada and Jose Orlando Mieles v. United StatesCourt of Appeals for the Second Circuit · 1997
- Francesco Paul Graziano v. United StatesCourt of Appeals for the Second Circuit · 1996
- Robert Rodriguez v. Robert Mitchell, Superintendent, Eastern Correctional Facility, and Eliot Spitzer, Attorney General, State of New YorkCourt of Appeals for the Second Circuit · 2001
- Acosta v. ArtuzCourt of Appeals for the Second Circuit · 2000
36 more not listed; retrieve them via the Exa API.