Lane v. United States of America

Filing 13

ORDER denying 11 Motion for Reconsideration. The Clerk is directed to re-docket the motion for reconsideration as Petitioner's Notice of Appeal. Petitioner's 12 Motion for Leave to Appeal in forma pauperis is denied. Signed by Judge Dudley H. Bowen on 05/05/2016. (thb)

u.s,q|fi^cQURi
IN THE

UNITED

STATES DISTRICT COURT

FOR THE-

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

JEREMIAH LANE,

2016 MAt-5 PH3--05

*

Petitioner,

CLER'f'

*

o

*
*

CIVIL ACTION NO.

*

vs.

CV 116-006

*

UNITED STATES OF AMERICA,

*
*

Respondent.

*

ORDER

On

April

18,

2016,

this

Court

dismissed

Petitioner

Jeremiah Lane's motion under 28 U.S.C. § 2255 to vacate, set

aside, or correct his sentence because it was barred by the

applicable statute of limitations.

Presently, Petitioner has

filed a motion for reconsideration^ and a motion to proceed in
forma pauperis.

Upon due consideration of the grounds set forth in the
motion for reconsideration, the motion (doc. no. 11) is hereby

DENIED.

In an apparent attempt to equitably toll the statute

of limitations, Petitioner contends his attorney did not give
him "the understanding of the law" and did not release his
case file to him after his legal services were complete.
(Doc. No. 11, at 2.)

These grounds, even if true, do not

^ Because Petitioner filed this motion within 28 days of the
entry of judgment in this civil case, the Court construes his motion
as one to alter or amend the judgment under Federal Rule of Civil
Procedure 59.

constitute extraordinary circumstances to warrant equitable
tolling.

Further, in an attempt to show there has been a

fundamental miscarriage of justice, Petitioner sets forth only

conclusory allegations that he is actually innocent.
contentions are insufficient.

Report and

Recommendation,

His

As explained previously in the

Petitioner

must set forth

new

evidence that would compel the conclusion that no reasonable

juror would have convicted him.

(See Doc. No. 5.)

Petitioner

has utterly failed to meet this stringent standard.
The Court notes that Petitioner asks this Court to file

his Notice of Appeal in the alternative to reconsideration.
(Doc. No. 11, at 4 ("And this reconsideration in alternative

if denied should be granted to proceed in the appeal court of

11*^^ Circuit for relief with them having jurisdiction and upon
order final from this Court District will file his notice of

appeal to 11*^^ Cir.").)
re-docket

the

motion

Notice of Appeal.

Accordingly, the Clerk is directed to
for

reconsideration

as

This Court has already denied Petitioner's

motion to proceed in forma pauperis on appeal.
9.)

Petitioner's

(See Doc. No.

Accordingly, Petitioner's motion to proceed in forma

pauperis (doc. no. 12) is also DENIED.

ORDER ENTERED at Augusta, Georgia, this
May, 2016.

UNITED STA'

"

day of