Bell v. United States of America (INMATE 3)

Filing 3

ORDERED that the clerk of court shall: 1) Strike petitioner Curtis Bell's § 2255 motion (doc. no. 1 ) and supporting memorandum (doc. no. 2 ) from Civil Action No. 2:15cv708-MHT and close Civil Action No.2:15cv708-MHT; 2) Docket the motio n and supporting memorandum (doc. nos. 1 and 2 ) in Civil Action No. 2:14cv1104-MHT as a motion to amend the § 2255 motion pending in that case and a memorandum in support of the motion to amend the § 2255 motion. Signed by Honorable Judge Myron H. Thompson on 11/16/2015. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION CURTIS BELL, ) ) ) ) ) ) ) ) ) Petitioner, v. UNITED STATES OF AMERICA, Respondent. CIVIL ACTION NO. 2:15cv708-MHT (WO) ORDER The petitioner, Curtis Bell, has filed a pro se motion (doc. no. 1) using the form for motions to vacate under 28 U.S.C. § 2255, in which he asserts claims challenging the sentence imposed against him in Case No. 2:94cr62-MHT. In connection with this § 2255 motion, Bell has also filed a supporting memorandum (doc. no. 2). Bell currently has a § 2255 motion pending before this court challenging the same sentence imposed against him in Case No. Civil Action No. 2:14cv1104-MHT. § 2255 motion is filed before 2:94cr62-MHT. See “[I]n general, when a adjudication of an initial § 2255 motion is complete, the district court should construe the second § 2255 motion as a motion to amend the pending § 2255 motion.” Ching v. United States, 298 F.3d 174, 177 (2nd Cir. 2002). * * * Accordingly, it is ORDERED that the clerk of court shall: 1. Strike petitioner Curtis Bell’s § 2255 motion (doc. no. 1) and supporting memorandum (doc. no. 2) from Civil Action No. 2:15cv708-MHT and close Civil Action No.2:15cv708-MHT. 2. Docket the motion and supporting memorandum (doc. nos. 1 and 2) in Civil Action No. 2:14cv1104-MHT as a motion to amend the § 2255 motion pending in that case and a memorandum in support of the motion to amend the § 2255 motion. DONE, this the 16th day of November, 2015. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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