Edwards v. United States of America

Filing 16

MEMORANDUM AND ORDER. ORDERED that petitioner's motion for relief from judgment [# 14 ] is denied. Signed by Honorable Catherine D. Perry on 6/30/10. (KLH)

Edwards v. United States of America

Doc. 16

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION GEORGE H. EDWARDS, JR., Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) )

Case No. 4:08CV949 CDP

MEMORANDUM AND ORDER This matter is before me on petitioner's motion for relief from judgment under Rule 60 of the Federal Rules of Civil Procedure. On May 19, 2010, I denied petitioner's § 2255 motion. Petitioner now asks me to set aside my Judgment and grant him an evidentiary hearing on his § 2255 motion based on newly discovered evidence. I have reviewed the motion and the supporting materials, including the alleged newly discovered evidence. The evidence does not support petitioner's claim for habeas relief or convince me that my prior decision was in error. Because petitioner has presented no new factual or legal arguments that would entitle him to relief under Fed. R. Civ. P. 60, the motion will be denied. See Minnesota Supply Co. v. Raymond Corp., 472 F.3d 524, 534 (8th Cir. 2006) (party seeking relief based on newly discovered evidence must show, among other things, that the evidence is material and consideration of the evidence would likely produce a different result). Accordingly,

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IT IS HEREBY ORDERED that petitioner's motion for relief from judgment [#14] is denied.

CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE Dated this 30th day of June, 2010.

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