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