HANKERSON v. UNITED STATES OF AMERICA
ORDER DENYING 6 Motion for Reconsideration. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 9/30/2014. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
UNITED STATES OF AMERICA,
ORDER ON MOTION
Currently before the Court is Petitioner Cleveland Hankerson’s motion for
reconsideration. Petitioner requests that the Court “re-visit” its September 4, 2013,
Order dismissing his habeas petition. Petitioner originally filed an application for habeas
relief in this Court citing 28 U.S.C. § 2255, but his pleading was construed as one filed
under 28 U.S.C. 2241 (via the savings clause in 28 U.S.C. § 2255(e)). The petition was
then dismissed without prejudice because it was improperly filed in this Court and the
interest of justice would not have been served by a transfer of the case to the appropriate
venue. See 28 U.S.C. § 1631. Petitioner was, however, advised to recast his petition
on the appropriate form and refile in the federal district in which he was confined.
In the present motion, Petitioner restates his prior argument for a reduction in his
federal sentence.1 He has provided no grounds for reconsideration or explained why this
case should otherwise be reopened, see Fed. R. Civ. Pro. 60. Petitioner’s present
Petitioner contends that the United Supreme Court decision in Descamps v. United States, ___ U.S.___,
133 S.Ct. 2276, 186 L.Ed.2d 438 (2013) requires a recalculation, and possible reduction, of his federal
“Motion to Re-visit” (Doc. 6) is accordingly DENIED.
If Petitioner wishes to pursue relief under 28 U.S.C. § 2241, he needs to file an
appropriate pleading in the U.S. District Court for the Northern District of Georgia. If
Petitioner wishes to again challenge the validity of his conviction or sentence under 28
U.S.C. § 2255, the motion must be filed in his federal criminal case,
SO ORDERED, this 30th day of September, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
Because Petitioner has already filed a motion to vacate, under 28 U.S.C. § 2255, in his criminal case, he
will need to first seek leave, in the Eleventh Circuit Court of Appeals, to file a second or successive habeas
petition. See 28 U.S.C. § 2244(b)(3).
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