McLeod v. Harrelson, et al(INMATE3)

Filing 76

ORDER, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGEMENT and DECREE of the court as follows: (1) petitioner's 72 & 74 MOTIONS for Relief pursuant to Rule 60(b)(4) and (6) of the FRCP are denied beca use they were not filed within a reasonable time pursuant to Fed.R.Civ.P. 60(c)(1) and because the claims therein entitle petitioner McLeod to no relief; (2) to the extent petitioner presents claims attacking his state convictions, his 74 instant m otion constitutes a successive 28 USC 2254 habeas petition that is dismissed in accordance with the provisions of 28 U.S.C. 2244(b)(3)(A), because he has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider his successive habeas application. Signed by Honorable Judge Myron H. Thompson on 5/28/13. (Attachments: # 1 civil appeals checklist)(djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION JACKIE McLEOD, # 116274-A, ) ) Petitioner, ) ) v. ) Civil Action No. ) 2:91cv02-MHT E.L. HARRELSON, et al., ) (WO) ) Respondents. ) ORDER In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Petitioner Jackie McLoed’s motions for relief under Rule 60(b)(4) and (6) of the Federal Rules of Civil Procedure (Doc. Nos. 72 and 74) are denied because they were not filed within a reasonable time pursuant to Fed.R.Civ.P. 60(c)(1) and because the claims therein entitle petitioner McLeod to no relief. (2) To the extent petitioner McLeod presents claims attacking his state convictions, his instant motion (Doc. No. 74) constitutes a successive 28 U.S.C. § 2254 habeas petition that is dismissed in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A), because he has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court consider his successive habeas application. DONE, this the 28th day of May, 2013. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE to

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