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Case3:13-cv-04283-JLQ Document3 Filed09/30/13 Page1 of 1

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA



Plaintiff,

JERRY J. FIORILLO,


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) No. C-13-4283-JLQ
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) ORDER CLOSING FILE
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___________________________________ )

UNITED STATES OF AMERICA,

vs.



Defendant.

This Court has found that it lacks jurisdiction to consider the merits of Defendant's
successive § 2255 Motion and has ordered the Motion transferred to the Ninth Circuit
Court of Appeals for determination of whether Fiorillo's Motion should be authorized
pursuant to 28 U.S.C. § 2244(b)(3). See (ECF No. 2209 in case No. CR-94-0427-JLQ).
Accordingly,


IT IS HEREBY ORDERED:
1. The District Court Executive is directed to: a) file this Order; b) furnish copies

to Defendant and counsel for the Government; and c) close this file.

2. If the Circuit authorizes the successive § 2255 Motion, then this case shall be

re-opened.

IT IS SO ORDERED.
Dated September 30, 2013.

s/ Justin L. Quackenbush

JUSTIN L. QUACKENBUSH

SENIOR UNITED STATES DISTRICT JUDGE

ORDER - 1

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