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, )
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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