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, )

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

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