White v. Superintendent
Filing
33
ORDER DENYING 32 petitioner's Verified MOTION for Relief from Judgment Pursuant to FRCP 60(B)(1) for lack of jurisdiction. Signed by Senior Judge James T Moody on 12/13/2017. (Copy mailed to pro se party)(sct)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
JERRY D. WHITE,
Petitioner,
v.
SUPERINTENDENT
Respondent.
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No. 3:15 CV 52
ORDER
Jerry D. White, a pro se prisoner, filed a motion to reconsider the order dismissing
this habeas corpus petition pursuant to Federal Rule of Civil Procedure 60(b). A Rule
60(b) motion which argues the merits of a claim is a successive petition. See Gonzalez v.
Crosby, 545 U.S. 524, 532 (2005). “A district court must dismiss a second or successive
petition, without awaiting any response from the government, unless the court of
appeals has given approval for its filing.” Nunez v. United States, 96 F.3d 990, 991 (7th
Cir. 1996) (emphasis in original). White has not been authorized by the Seventh Circuit
to file a successive habeas corpus petition. Therefore the court lacks jurisdiction to rule
on his motion.
For these reasons, the Rule 60(b) motion (DE # 32) is DENIED for lack of
jurisdiction.
SO ORDERED.
Date: December 13, 2017
s/James T. Moody
JUDGE JAMES T. MOODY
UNITED STATES DISTRICT COURT
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