131 F. App'x 592

UNITED STATES of America, Plaintiff—Appellee, v. Robert Dale DAVIDSON, Defendant—Appellant.

No. 04-35585.

D.C. Nos. CV-04-06209-MRH, CR-92-600007-MRH.

United States Court of Appeals, Ninth Circuit.

*593Submitted May 9, 2005.*

Decided May 16, 2005.

Sean Hoar, USEU—Office of the U.S. Attorney, Eugene, OR, for Plaintiff-Appellee.

Robert Dale Davidson, Sheridan, OR, pro se.

Before PREGERSON, CANBY, and THOMAS, Circuit Judges.

MEMORANDUM**

Robert Dale Davidson appeals pro se the district court’s order denying his “petition to dismiss indictment challenging jurisdiction of district court on fatally flawed filing of indictment pursuant to Title 18 U.S.C. § 3161(b) and (a).”

Davidson has already filed several 28 U.S.C. § 2255 motions, and the factual predicate for the instant “petition” states a claim that is appropriate for § 2255 motion. Accordingly, the district court properly denied the petition as an unauthorized second or successive § 2255 motion, as required by 28 U.S.C. §§ 2244(b)(3) and 2255.

AFFIRMED.

United States v. Davidson
131 F. App'x 592

Case Details

Name
United States v. Davidson
Decision Date
May 16, 2005
Citations

131 F. App'x 592

Jurisdiction
United States

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