Mosley v. Hobbs

Filing 2

ORDER: Presently before the Court is petitioner's pro se Rule 60(b) Motion for Relief from Judgment (Docket Entry No.1). Because the Motion is more properly filed in a pre-existing case from another district, no filing fee is required here. The Clerk is directed to TRANSFER petitioner's Motion to the United States District Court for the Western District of Arkansas, Hot Springs Division. 28 U.S.C. § 1406(a). It is so ORDERED. Signed by District Judge Todd J. Campbell on 8/7/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw) [Transferred from tnmd on 8/7/2013.]

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

TOMMY RAY MOSLEY
Petitioner,

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v.
RAY HOBBS
Respondent.

GENERAL DOCKET
No. 3:13-mc-0066
Judge Campbell

O R D E R
Presently before the Court is petitioner’s pro se Rule 60(b)
Motion for Relief from Judgment (Docket Entry No.1).
The petitioner is an Arkansas prisoner. He has filed this
Motion “to move for reconsideration on the order entered on
February

19,

2013

by

the

Honorable

Barry

Bryant

denying

petitioner’s previous Rule 60(B) motion”.
The case to which the petitioner refers is Tommy Ray Mosley v.
Ray Hobbs, Civil No.6:96-6119 (W.D. Ark.). Clearly, petitioner’s
instant Motion was sent to this Court in error.1
Because the Motion is more properly filed in a pre-existing
case from another district, no filing fee is required here. The
Clerk is directed to TRANSFER petitioner’s Motion to the United

1

Included with his Motion is a letter from the petitioner
to the Clerk of this Court stating that the Motion was sent here
because “I’m being told I’m being transferred to your district”.
The petitioner’s place of confinement, however, does not alter
the fact that the Motion should be filed in the Arkansas case.

States District Court for the Western District of Arkansas, Hot
Springs Division. 28 U.S.C. § 1406(a).
It is so ORDERED.

_____________________________
Todd Campbell
United States District Judge