Pendleton v. United States of America (INMATE 3)
Filing
88
OPINION. Signed by Honorable Judge Myron H. Thompson on 2/29/2024. (BES)
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
EUGENE LAMAR PENDLETON,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.
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CIVIL ACTION NO.
2:12cv1058-MHT
(WO)
OPINION
Pursuant to 28 U.S.C. § 2255, petitioner filed this
habeas-corpus case, and the court denied relief.
Judgment (Doc. 55).
See
Petitioner then filed the pending
“Motion to Reopen a Prior Judgment” (Doc. 76).
This
lawsuit
is
now
before
the
court
on
the
recommendation of the United States Magistrate Judge
that
petitioner’s
motion
be
dismissed
for
lack
of
jurisdiction because it constitutes a successive § 2255
motion
filed
authorization;
without
or
the
required
alternatively,
if
appellate
the
court
motion
is
deemed a bona fide motion for relief under Federal Rule
of Civil Procedure 60, that it be denied for lack of
merit.
There are no objections to the recommendation.
After an independent and de novo review of the record,
the
court
concludes
that
the
magistrate
judge’s
recommendation should be adopted.
An appropriate judgment will be entered.
DONE, this the 29th day of February, 2024.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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