UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
December 13, 2011
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Hon. Katharine S. Hayden
This matter having been opened on the pro-se motion of Defendant, Bruce Boberts, and the Court having considered the submissions of the parties, the Court makes the following findings:
1. The Defendant was convicted in 1995 and sentenced to, inter alia, a fine of $5,000 and restitution of $2,900; and
2. The Defendant subsequently filed successive applications challenging his sentence, each of which was denied; and
3. In dismissing a September 2007 motion by the Defendant, this Court concluded on December 31, 2007 that the Defendant had exhausted his remedies pursuant to 28 U.S.C. 2255 and, accordingly, the Court lacked jurisdiction over his application; and
4. The present motion is substantially identical to the Defendant's September 2007 motion;
5. Accordingly, the Court lacks jurisdiction over the Defendant's present application. IT IS, therefore, on this 9th day of December 2011,
ORDERED, that Defendant's May 21, 2009 petition (Docket Entry #15) is dismissed for lack of jurisdiction.
KATHARINE S. HAYDEN United States District Judge
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