Williams v. United States Of America
Filing
42
ORDER dismissing #40 Rule 60(b)(6)(4) Motion; denying #15 Motion for status of Rule 60b motion; denying #16 Motion for Retroactive reduction; denying #19 Motion for reduction under 3582; denying #24 Motion to Compel. Signed by Judge William T. Moore, Jr on 8/31/17. (loh)
u.S. DISTRICT COURT
Southern District of6A
IN THE UNITED STATES DISTRICT COURT FOR
Filed In Office
THE SOUTHERN DISTRICT OF GEORGIA
m
WAYCROSS DIVISION
^
Deputy Clerk
FRANKLIN L. WILLIAMS,
Petitioner,
CASE NO. CV514-062
V,
CR506-014
UNITED STATES OF AMERICA,
Respondent.
ORDER
Before
the
Court
are
Petitioner's
Motion
for
Status
(Doc. 15), Motion for Retroactive Reduction (Doc. 16), Motion
for Reduction (Doc. 19), Motion to Compel Judgment (Doc. 24)
and Rule 60(b) Motion (Doc. 40).
Petitioner's Motion for Rule 60(b) is in fact an attaclc
on "the federal court's previous resolution of a claim on the
merits." Peters v. United States,
F. App'x
, 2017 WL
443631, *1 (11th Cir. 2017). As a result Petitioner's motion
is
more
accurately
characterized
as
a
successive
ยง
2255
motion. Because the motion is successive. Petitioner "needed
to obtain an order from this Court authorizing the district
court to consider the motion." Id. at *2. Because Petitioner
has
not
received
jurisdiction
to
such
consider
authorization,
the
motion.
the
Id.
Court
lacks
Accordingly,
Petitioner's Motion for Rule 60(b) is DISMISSED. After careful
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