Willis v. United States of America (INMATE 3)

Filing 9

OPINION. Signed by Honorable Judge Myron H. Thompson on 6/22/2017. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
BERNETTA LASHAY WILLIS,

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Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

CIVIL ACTION NO.
2:15cv891-MHT
(WO)

OPINION
Pursuant to Federal Rule of Civil Procedure 60(b),
petitioner filed a motion for relief from the final
judgment

in

her

previous

habeas-corpus

case.

This

lawsuit is now before the court on the recommendation
of the United States Magistrate Judge that petitioner’s
Rule 60(b) motion be denied because the it amounts to a
successive
§ 2255,

habeas-corpus

and

the

petition

required

under

permission

has

28

U.S.C.

not

been

obtained from the Eleventh Circuit Court of Appeals to
file

a

successive

petition;

in

the

alternative,

the

magistrate judge recommends that the Rule 60(b) motion
be

found

untimely.

Also

before

the

court

are

petitioner's objections to the recommendation.

After

an independent and de novo review of the record, the
court concludes that the objections should be overruled
and the magistrate judge’s recommendation adopted.
An appropriate judgment will be entered.
DONE, this the 22nd day of June, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE