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Sean Ahern v. United States

February 3, 2012

SEAN AHERN
v.
UNITED STATES



The opinion of the court was delivered by: Steven J. McAuliffe United States District Judge

ORDER

The court determined that the motion was properly construed as a second or successive petition over which the court lacked subject matter jurisdiction, appellate preclearance not having been first obtained, and no other exception being applicable . 28 U.S.C. §§ 2244(b)(2). That determination is not reasonably debatable, so the court necessarily declines to issue a certificate of appealabilty.

SO ORDERED.

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