Williams v. The Attorney General of the State et al

Filing 33

ORDER dismissing Williams' 30 Motion for Relief from Judgment. Signed by Chief Judge Lisa G. Wood on 2/23/2017. (csr)

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FRANKLIN L. WILLIAMS,

Petitioner,

CIVIL ACTION NO.: 5:15-cv-27

THE ATTORNEY GENERAL OF THE

STATE; R.E. CURRIE; and ATTORNEY
MARTIN EAVES,

Respondents.

ORDER

Presently before the Court is Petitioner Franklin Williams'
(^^Williams") Motion for Relief from Judgment.
the reasons which follow,

Dkt. No. 30.

For

the Court DISMISSES Williams' Motion.

This Court dismissed Williams'

28 U.S.C.

§

2254

Petition

for Writ of Habeas Corpus and Writ of Error Coram Nobis on
February 19, 2016.
Appeal.

Dkt. No. 11.

Dkt. Nos. 14, 20.

Williams filed Notices of

The Eleventh Circuit Court of

Appeals denied Williams' motions to proceed in forma pauperis in

that Court after finding his appeals were frivolous and advised
Williams he had fourteen (14) days to pay the requisite filing
fee or his appeals would be dismissed.

A0 72A

(Rev. 8/82)

Dkt. No.

27.

Williams

failed to pay the filing fee, and his appeals were dismissed for
lack of prosecution.

Dkt. Nos. 28,

31.

In his Motion, Williams objects to the Eleventh Circuit's
dismissal of his appeals for lack of prosecution based on his
failure to pay the appellate filing fee.

Dkt. No. 30, p. 2.

Williams states the fact that his appeals were dismissed without

a ruling on the merits shows ^'that a

[sic] injunction was filed

without notice as well as no opportunity to be heard was

granted.
Id.

Just dismissed as to the 14 days to pay filing fee."

Williams

attached to his Motion the l e t t e r from the

Eleventh Circuit Clerk of Court informing this Court that

Williams' appeal had been dismissed for failure to prosecute
because Williams had failed to pay the filing fee.
Dkt.

No.

Id. at p. 4;

28.

It is clear Williams mistakenly sent his Motion to this
Court.

Through his Motion, he seeks relief from the Eleventh

Circuit Court of Appeals' dismissal and judgment, not from the
judgment of this Court.
Williams'

Motion.

Consequently, this Court DISMISSES

Should Williams wish to move the Eleventh Circuit Court of

Appeals for relief from its judgment, he must do so by filing a
motion in that Court.

SO ORDERED, this

of

, 2017.

LISA G^BEY WOOD, CHIEF JUDGE
STATES

DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA

A0 72A

(Rev. 8/82)