Williams v. United States of America

Filing 33

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the motion to alter or amend [#32] is denied. Signed by District Judge Rodney W. Sippel on 1/23/13. (LAH)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION BOBBY J. WILLIAMS, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Case No. 4:11CV2059 RWS MEMORANDUM AND ORDER Petitioner moves to amend his pleadings in this closed case. I denied petitioner’s motion for § 2255 relief on December 13, 2012 . Because petitioner is not entitled to the relief he seeks,1 the motion will be denied. Accordingly, IT IS HEREBY ORDERED that the motion to alter or amend [#32] is denied. RODNEY W. SIPPEL UNITED STATES DISTRICT JUDGE Dated this 23rd day of January, 2013. 1 Petitioner erroneously claims that he did not have the opportunity to demonstrate that his claims were not procedurally defaulted. In fact petitioner did argue cause for failing to raise several of his claims on direct appeal – namely, that they were based on newly discovered evidence. I rejected his claim that the evidence was newly discovered. More importantly, I also went on to reject petitioner’s claims on the merits. For these additional reasons, any amendment – even if it were permitted at this stage of the proceedings – would be futile.

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