Goodwin v. United States of America

Filing 13

ORDER denying 11 Motion to Vacate re 9 Order on Report and Recommendations, 10 Clerk's Judgment. Signed by Judge William T. Moore, Jr on 6/18/18. (loh)

FILED
U.S. DISTRICT COURl
SAVANNAH OIV.

IN THE UNITED STATES DISTRICT COURT

AMIh 13

THE SOUTHERN DISTRICT OF GEORGIA

CLERK.
SO. OIST. OF GA.

SAVANNAH DIVISION

EDDIE KODELL GOODWIN,

Petitioner,
CASE NOS. CV413-263

V.

CR411-348

UNITED STATES OF AMERICA,

Respondent,

ORDER

Before

the

Court

is

Petitioner

Eddie

Kodell

Goodwin's

Motion for Relief from March 21, 2017 Order Denying 28 U.S.C.
§ 2255

Motion.

(Doc.

11.)

In

his

motion.

Petitioner

requests

that the Court vacate and then reinstate its prior order denying

his habeas petition to allow

him to^ file an appeal of that

order. (Id. 5 10.) According to Petitioner, he did not receive a

copy of the March 21, 2017 order denying his habeas petition
because he had moved from state to federal prison. (Id. SIS! 6-9.)

For the following reasons, Petitioner's motion must be DENIED.
In his motion. Petitioner seeks relief under Federal Rule
of Civil Procedure 60(b)(1) and (4). However, those provisions

only permit the Court to relieve a party from a final judgment
because

of

"mistake,

inadvertence,

surprise,

or

excusable

neglect," id. 60(b)(1), or that "the judgment is void," id.
60(b)(4). After a careful review of Petitioner's motion and the