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)

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