McLeod v. United States of America (INMATE3)

Filing 4

ORDER that on or before June 23, 2009, the petitioner shall file an amendment to his § 2255 motion specifying which of the two judgments of this court he seeks relief from through this motion; that petitioner is advised that, pursuant to Fed. R. Governing § 2255 Proceedings 2(d), he may challenge only one judgment of this court; that should he wish to challenge more than one judgment of this court, he must file a separate motion pursuant to 28 U.S.C. 2255 challenging each separate judgment. Signed by Honorable Charles S. Coody on 6/9/2009. (cc, )

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION J A C K IE McLEOD, P e titio n e r, v. UNITED STATES OF AMERICA, R e sp o n d e n t. ) ) ) ) ) ) ) ) ) C iv il Action No. 1:09cv333-WHA (WO) ORDER T h e petitioner has filed a response (Doc. No. 3) to this court's Order of April 16, 2009 (s e e Doc. No. 2), wherein he indicates that by his motion of April 6, 2009 (Doc. No. 1), d o c k e ted by this court as an action for relief under 28 U.S.C. 2255, he seeks to attack both (1 ) the validity of the sentence imposed on him by this court in 1993 for obstruction of justice a n d (2) the October 2008 judgment of this court revoking his supervised release and i m p o s i n g a 12-month term of imprisonment. See Doc. No. 3 at 1-2. However, the Rules G o v e rn in g Section 2255 Proceedings for the United States District Courts provide that "[a] m o v in g party who seeks relief from more than one judgment must file a separate motion c o v e rin g each judgment." Fed. R. Governing 2255 Proceedings 2(d). Accordingly, because the petitioner seeks relief from more than one judgment by his 2255 motion, it is hereby ORDERED that on or before June 23, 2009, the petitioner shall file an amendment to his 2255 motion specifying which of the two judgments of this court he seeks relief from t h r o u g h his instant motion. The petitioner is hereby advised that, pursuant to Fed. R. G o v e rn in g 2255 Proceedings 2(d), he may challenge only one judgment of this court. S h o u ld the petitioner wish to challenge more than one judgment of this court, he must file a separate motion pursuant to 28 U.S.C. 2255 challenging each separate judgment. D o n e this 9 th day of June, 2009. /s/Charles S. Coody CHARLES S. COODY U N IT E D STATES MAGISTRATE JUDGE 2

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