Williams v. The Attorney General of the State et al
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,
CIVIL ACTION NO.: 5:15-cv-27
THE ATTORNEY GENERAL OF THE
STATE; R.E. CURRIE; and ATTORNEY
Presently before the Court is Petitioner Franklin Williams'
(^^Williams") Motion for Relief from Judgment.
the reasons which follow,
Dkt. No. 30.
the Court DISMISSES Williams' Motion.
This Court dismissed Williams'
for Writ of Habeas Corpus and Writ of Error Coram Nobis on
February 19, 2016.
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.
failed to pay the filing fee, and his appeals were dismissed for
lack of prosecution.
Dkt. Nos. 28,
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
Just dismissed as to the 14 days to pay filing fee."
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.
Id. at p. 4;
It is clear Williams mistakenly sent his Motion to this
Through his Motion, he seeks relief from the Eleventh
Circuit Court of Appeals' dismissal and judgment, not from the
judgment of this Court.
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
LISA G^BEY WOOD, CHIEF JUDGE
SOUTHERN DISTRICT OF GEORGIA
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