Williams v. Hardin

Filing 54

ORDER denying 52 Motion for Relief from a Judgment or Order. Signed by Judge William T. Moore, Jr on 3/27/17. (jrb)

Download PDF
U.S.DI; V. IN THE UNITED STATES DISTRICT COURT FOR THE SA'v;.;: SOUTHERN DISTRICT OP GEORGIA . 1 'I I j w 1 V. nw - .q WAYCROSS DIVISION FRANKLIN L. WILLIAMS, • i'o f. 01- GA Plaintiff, CASE NO. CV507-031 V. JAMES L. HARDIN, Defendant. ORDER Before the Court is Plaintiff Franklin L. Williams's "Motion for Relief From a Judgement or Order." (Doc. 52.) It is not clear whether Plaintiff conviction in is seeking CR506-014, relief from or this Court's his prior prior criminal judgment in this case. Plaintiff appears to rely on Federal Rule of Civil Procedure 60(d)(2) for the notion that he is entitled to relief because he was not provided notice, pursuant to 28 U.S.C. § 1655, that he was subject to such a high sentence in his criminal case. Under either scenario. Plaintiff's motion must be DENIED. With regards to the former, a challenge to a prisoner's conviction must be brought as a habeas corpus petition. F.3d 1063, U.S. 477, 1066 (11th 481 (1994)). Cir. 1995) See Abella v. Rubino, 63 (quoting Heck v. With respect to the latter, discern no grounds for relief. SO ORDERED this ^7- day of March 2017. WILLIAM T. MOORE, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA Humphrey, 512 the Court can

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?