Lane v. United States of America

Filing 22

ORDER denying 21 Motion. Defendant is further advised that he may not file any other collateral attack upon his federal sentence under 28 USC 2255 without authorization from the 11th Circuit Court of Appeals. Signed by Judge Dudley H. Bowen on 11/8/16. (cmr)

ORiGliMAL
U.S. DISTRICT COURT
AUGUSTA DIV
IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

2016 NOV-8 AM 9:00
^
CL^RK

SO.OISI OFGA.
UNITED STATES

OF AMERICA

*

*

CV 116-006

*

V.

{underlying CR 106-028)

5

JEREMIAH LANE

*

ORDER

In January 2016, Defendant Jeremiah Lane filed a petition
to vacate, set aside or correct his federal sentence pursuant

to 28 U.S.C. § 2255.

The petition was dismissed as untimely

on April 18, 2016.

The Court also denied his motion for

reconsideration and his motion for leave to appeal in forma

pauoeris
leave

on May 5, 2016, and again denied his motion for

to appeal in forma pauperis on May 19,

2016.

On

September 20, 2016, the Eleventh Circuit Court of Appeals
dismissed his appeal after denying his motion for the issuance
of a certificate of appealability.

Thus, this civil case is

closed and may not be reopened.

Despite the ruling of the Eleventh Circuit, Defendant has
filed another motion for reconsideration, citing Federal Rule
of Civil Procedure 60(b).

This motion is frivolous and a

waste of judicial resources; the motion (doc. no. 21) is
DENIED.

Defendant is further advised that he may not file any

other collateral attack upon his federal sentence under 28
U.S.C. § 2255 without authorization from the Eleventh Circuit

Court of Appeals.

See 28 U.S.C. §§ 2255, 2244(b)

ORDER ENTERED at Augusta, Georgia, this ^

day of

November, 2016.

TED STATES/DISTRICT JUDGE