Nelson v. United States of America

Filing 63

ORDER denying re 52 Motion for Relief From Judgment; denying re 52 Motion to Reopen Case; denying re 58 Motion for Hearing; denying 60 Motion Pursuant to Federal Rules of Evidence Rule 201 "Judicial Notice". The Clerk is ORDERED to return any filing by Petitioner that challenges the legality of his conviction or sentence or moves to reopen this litigation unless and until the Eleventh Circuit expressly authorizes and directs this Court to enter the filing on this docket. Signed by Chief Judge J. Randal Hall on 11/8/22. (loh) Modified on 11/8/2022 (csr).

Case 6:15-cv-00021-JRH-CLR Document 63 Filed 11/08/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

CECIL DEWITT NELSON,

Petitioner,
CV 615-021

V.

(formerly CR 612-005
UNITED STATES OF AMERICA,

Respondent.

ORDER

Presently

before

the

Court

are

Petitioner

Cecil

Dewitt

Nelson's motion for relief from judgment and to reopen case (Doc.
52), motion for evidentiary

judicial

notice

(Doc.

60).

hearing

For

(Doc.

the

58), and

following

motion for

reasons,

these

motions are DENIED.

Petitioner moves for relief from judgment and to re-open his
initial 2255 proceedings.

(Doc. 52, at 1.)

Petitioner's motion

again asserts arguments about the legality of his conviction and
attempts to raise "newly discovered evidence" he received in 20162017.

(Id. at 2-3.)

This motion copies, almost verbatim, prior

motions filed by Petitioner.

(See Doc. 34.)

There is nothing

offered in this motion to change the Court's prior decisions in

this case and certainly nothing offered to meet the high threshold

for reconsideration under Rule 60(b).

Accordingly, as previously

explained by the Court in its November 14, 2019, October 28, 2020,

Case 6:15-cv-00021-JRH-CLR Document 63 Filed 11/08/22 Page 2 of 3

and November 19, 2020 Orders, the Court will not consider these

challenges.

Petitioner also moves for a hearing on this motion

(Doc. 58) and for judicial notice of the facts of his case (Doc.
60).

These, too, are motions the Court has continually denied,

and based on the above findings, are irrelevant at this point in
time.

Based on the foregoing. Petitioner's motion for relief from
judgment and to reopen case (Doc. 52), motion for evidentiary
hearing (Doc. 58), and motion for judicial notice (Doc. 60) are
DENIED.

Further, the Court finds that Petitioner continues to

employ tactics of filing to simply waste the judiciary's limited
resources, and the Court will not accept further filings of this
nature.

Therefore, the Clerk is ORDERED to return any filing by

Petitioner

that

challenges

the

legality

of

his

conviction

or

sentence or moves to reopen this litigation unless and until the
Eleventh Circuit expressly authorizes and directs this Court to
enter the filing on this docket.

See Procup v. Strickland, 792

F.2d 1069, 1073-74 (11th Cir. 1996) (''Federal courts have both the

inherent power and the constitutional obligation to protect their
jurisdiction from conduct which impairs their ability to carry out
Article III functions. . . . This Court has a responsibility to

prevent single litigants from unnecessarily encroaching on
judicial machinery needed by others." (citations omitted).)

the

Case 6:15-cv-00021-JRH-CLR Document 63 Filed 11/08/22 Page 3 of 3

day of November,

ORDER ENTERED at Augusta, Georgia, this
2022.

J. RANpAL HALL, C
UNITED

JUDGE

district court

SOUTHEa^ DISTRICT OF GEORGIA