McConnico v. United States of America (INMATE 3)

Filing 2

ORDER that the Clerk is DIRECTED to: 1. Docket McConnico's "Motion to Correct or Modify or Otherwise Adjust Repayment of Restitution" in his criminal case, Case No. 2:93cr122-TMH, as a "Motion under 18 U.S.C. § 3664(k) to Mod ify the Restitution Payment Schedule Based on Changed Economic Circumstances." 2. Strike the same motion from the instant case, Civil Action No. 2:09cv418-TMH. 3. Close Civil Action No. 2:09cv418-TMH. Signed by Honorable Wallace Capel, Jr on 8/5/2010. (cc, )

M c C o n n i c o v. United States of America (INMATE 3)

Doc. 2

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 W I L L IA M McCONNICO, P e titio n e r, v. UNITED STATES OF AMERICA, R e sp o n d e n t. ) ) ) ) ) ) ) ) )

Civil Action No. 2:09cv418-TMH (WO)

ORDER W illia m McConnico has filed a pro se pleading styled as a "Motion to Correct or M o d if y or Otherwise Adjust Repayment of Restitution" (Doc. No. 1), wherein he seeks m o d if ic a tio n of an order of restitution entered in his criminal case, Case No. 2:93cr122T M H , based on his changed economic circumstances. McConnico's pleading was originally d o c k e te d as a motion to vacate, set aside or correct sentence in a civil action under 28 U.S.C. § 2255. However, 28 U.S.C. § 2255 is not a mechanism by which an order of restitution may b e attacked or modified. See Blaik v. United States, 161 F.3d 1341, 1342 (11 th Cir. 1998) (" [ S e ctio n ] 2255 cannot be utilized by a federal prisoner who challenges only the restitution p o rtio n of his sentence because § 2255 affords relief only to those prisoners who `claim [ ] th e right to be released' from custody.") A c c o rd in g ly, the Clerk of this court is hereby DIRECTED to: 1. Docket McConnico's "Motion to Correct or Modify or Otherwise Adjust

Dockets.Justia.com

Repayment of Restitution" in his criminal case, Case No. 2:93cr122-TMH, as a "Motion u n d e r 18 U.S.C. § 3664(k) to Modify the Restitution Payment Schedule Based on Changed E c o n o m ic Circumstances." 2 . Strike the same motion from the instant case, Civil Action No. 2:09cv418-TMH. 3 . Close Civil Action No. 2:09cv418-TMH. D o n e this 5 th day of August, 2010

/s/Wallace Capel, Jr. WALLACE CAPEL, JR. U N IT E D STATES MAGISTRATE JUDGE