Salery v. United States of America (INMATE 3)

Filing 6

JUDGMENT directing that, in accordance with the opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) To the extent, if any, that petitioner Nathaniel Salerys motion for relief from judgment (Doc. No. 3 ) is p roperly brought under Fed.R.Civ.P. 60(b)(6), his motion is denied because it was not filed within a reasonable time pursuant to Fed.R.Civ.P. 60(c)(1) and because the claims in it lack merit; (2) To the extent, if any, that petitioner Salerys motion (Doc. No. 3 ) is a motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255, his motion is denied because he has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing this court to consider a successive § 2255 motion; further ORDERED that costs are taxed against petitioner Salery, for which execution may issue; the clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge Myron H. Thompson on 6/9/14. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
NATHANIEL SALERY,

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Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

Civil Action No. 2:14cv384-MHT
(WO)

JUDGMENT
In accordance with the opinion entered this date, it is the ORDER, JUDGMENT, and
DECREE of the court as follows:
(1)

To the extent, if any, that petitioner Nathaniel Salery’s motion for relief from

judgment (Doc. No. 3) is properly brought under Fed.R.Civ.P. 60(b)(6), his motion is
denied because it was not filed within a reasonable time pursuant to Fed.R.Civ.P. 60(c)(1)
and because the claims in it lack merit.
(2)

To the extent, if any, that petitioner Salery’s motion (Doc. No. 3) is a motion

to vacate, set aside, or correct sentence under 28 U.S.C. § 2255, his motion is denied because
he has failed to obtain the requisite order from the Eleventh Circuit Court of Appeals
authorizing this court to consider a successive § 2255 motion.
It is further ORDERED that costs are taxed against petitioner Salery, for which
execution may issue.
The clerk of the court is DIRECTED to enter this document on the civil docket as a
final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.

This case is closed.
DONE, this 9th day of June, 2014.

/s/ MYRON H. THOMPSON
UNITED STATES DISTRICT JUDGE