Russell v. USA

Filing 5

ORDER striking 4 Motion to Supplement; striking 4 Motion to Vacate ; striking 4 Motion for Hearing. Further, the Court DIRECTS the Clerk of the Court to file the motion in USA v. Russell, 10-30106-DRH. Signed by Chief Judge David R. Herndon on 12/17/12. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Plaintiff,
v.
KENNEDY M. RUSSELL, SR.,
Defendant.

No. 12-1016-DRH
ORDER

HERNDON, Chief Judge:
This matter comes before the Court for case management. On October 15,
2012, Russell filed a filed entitled motion under Fed. R. Crim. P 60(b)(2) & (6)
Amended Edition (Doc. 4).

The caption contains the above case number and

Russell’s closed criminal case number, 10-30106-DRH. After reviewing the pleading,
the Court believes that Russell intended to file the motion in his criminal case and
not his civil 28 U.S.C. § 2255 petition. Thus, the Court STRIKES the motion from
this civil case and DIRECTS the Clerk of the Court to file the motion in his criminal
case.
IT IS SO ORDERED.
Signed this 17th day of October, 2012.

Digitally signed by
David R. Herndon
Date: 2012.10.17
10:24:40 -05'00'

Chief Judge
United States District Court