Ziglar v. United States of America (INMATE3)

Filing 82

ORDER directing that on or before September 24, 2010, the United States shall file a response showing cause why Ziglar's 81 Motion should not be granted, as further set out. Signed by Honorable Susan Russ Walker on 8/25/10. (scn, )

Ziglar v. United States of America (INMATE3)

Doc. 82

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J O E CARROLL ZIGLAR, P e titio n e r, v. U N IT E D STATES OF AMERICA, R e sp o n d e n t. ) ) ) ) ) ) ) ) )

Civil Action No. 2:07cv632-MEF (WO)

ORDER Petitioner Joe Carroll Ziglar has filed a pleading styled as a motion for relief pursuant to Fed.R.Civ.P. 60(b). (Doc. No. 81.) Accordingly, it is ORDERED that on or before September 24, 2010, the United States shall file a response showing cause why Ziglar's motion should not be granted. In filing its response, the government should specifically address the following matters: 1. Whether any claims in Ziglar's motion are properly raised under Fed.R.Civ.P. 60(b), see Gonzalez v. Crosby, 545 U.S. 524 (2005), and, if so, whether those claims entitle Zigalr to any relief. 2. Whether Ziglar's motion constitutes a successive motion under 28 U.S.C. § 2255 and the specific claims in Ziglar's motion that are "successive" within the meaning of 28 U.S.C. § 2255 as elaborated upon by the Supreme Court in Gonzalez v. Crosby, supra.

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Done this 25th day of August, 2010.

/s/Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE

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