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, )
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
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