Elion v. USA

Filing 6

MEMORANDUM AND ORDER, denying 5 MOTION to Reinstate filed by Otis R. Elion. The Court DIRECTS the Clerk of Court to send him a copy of his original petition (Doc. 1), the memorandum in support (Doc. 2) and a new § 2255 form. Signed by Judge J. Phil Gilbert on 10/31/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
OTIS R. ELION,
Petitioner,
v.

Civil No. 17-cv-892-JPG

UNITED STATES OF AMERICA,

Criminal No 06-cr-40061-JPG &
16-cr-40046-JPG

Respondent.
MEMORANDUM AND ORDER
This matter comes before the Court on petitioner Otis R. Elion’s motion to reinstate his
motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255, which the Court
declined to entertain while the appeal of his criminal conviction was pending (Doc. 5). Elion has
not presented any reason under Federal Rule of Civil Procedure 60(b) that would justify vacating
that judgment. Additionally, the motion already on file, which was drafted prior to the conclusion
of his criminal appeal, is inaccurate with respect to the stated disposition of that appeal. The
Court therefore DENIES his motion to reinstate (Doc. 5). However, since Elion’s appeal has
concluded, he is free to file a new § 2255 motion. To assist him, the Court DIRECTS the Clerk
of Court to send him a copy of his original petition (Doc. 1), the memorandum in support (Doc. 2)
and a new § 2255 form.
IT IS SO ORDERED.
DATED: October 31, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE