Winding v. McClure et al

Filing 29

ORDER denying Petitioner's Motion 20 to Arrest Final Judgment. Signed by District Judge David C. Bramlette, III on May 18, 2023. (lda)

Case 5:23-cv-00029-DCB-FKB Document 29 Filed 05/18/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
JAMES C. WINDING
VERSUS

PETITIONER
CIVIL ACTION NO. 5:23-cv-29-DCB-FKB
APPEAL NO. (to be assigned)

MARC McCLURE, Superintendent, et al.

RESPONDENTS

ORDER DENYING PETITIONER’S MOTION TO ARREST FINAL JUDGMENT
This matter is before the Court on Petitioner James C.
Winding’s (“Petitioner”) Motion to Arrest Final Judgment
(“Motion”) [ECF No. 20].

The Court, having examined the Motion,

the record, the applicable legal authority, and being fully
informed in the premises, finds that the Motion should be
denied.
Petitioner’s arguments in the instant Motion are very similar
to his arguments in his previously filed Motion to Reconsider
[ECF No. 14].

In both Motions [ECF No. 20] [ECF No. 14],

Petitioner argues that the Court should allow him to proceed with
this § 2254 habeas action because the United States Court of
Appeals for the Fifth Circuit’s decision in In re Winding, No. 2290065 (5th Cir. 2023) does not apply.

Petitioner’s argument is

based on his claim that he is not challenging his conviction or
sentence and that 18 U.S.C. § 1203 prohibiting hostage-taking
applies.

The Court’s Order [ECF No. 24] has addressed these

arguments and has denied Petitioner’s request to reconsider the

Case 5:23-cv-00029-DCB-FKB Document 29 Filed 05/18/23 Page 2 of 2

dismissal of this § 2254 habeas civil action.

For the reasons set

forth in the Court’s Order [ECF No. 24] and because Petitioner has
already raised his arguments in his previously filed Motion [ECF
No. 14], Petitioner’s Motion is not well-taken.
For the foregoing reasons, Petitioner’s Motion will be
denied.

Accordingly,

IT IS HEREBY ORDERED that Petitioner’s Motion to Arrest
Final Judgment [ECF No. 20] is DENIED.
SO ORDERED, this the 18th day of May, 2023.

s/David Bramlette
UNITED STATES DISTRICT JUDGE

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