Citation Codes Equivalent Citations citation codes Docket Number Criminal Case No. 88-00056, CV-02-00001 Judges JOHN S. UNPINGCO, Chief Judge, District Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Federal Custody; Remedies On Motion Attacking Sentence Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Finality Of Determination See more information ... Smart Summary Please sign up to generate summary. UNITED STATES OF AMERICA Plaintiff, v. PATRICK J. PALOMO, Defendant. ORDER JOHN S. UNPINGCO, Chief Judge, District This Court is in receipt of Defendant's Motion to set aside, correct or vacate his sentence pursuant to 28 U.S.C. § 2255, filed on January 2, 2002. This is the second section 2255 motion which the defendant has filed. However, the defendant has failed to obtain permission from the Ninth Circuit to file a successive motion pursuant to 28 U.S.C. § 2244 (b). See 28 U.S.C. § 2255. Moreover, this motion is untimely and exceeds the one year statute of limitations. See Id. Accordingly, the Court DENIES the Defendant's motion. IT IS SO ORDERED.