Hodge v. United States of America

Filing 19

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that petitioner's second motion for reconsideration of this Court's dismissal of his application for writ of audita querela [ECF No. 18 ] is DENIED. IT IS FURTHER ORDERE D that the Court declines to issue petitioner a Certificate of Appealability. IT IS FURTHER ORDERED that petitioner will not be allowed to file any additional pleadings in this closed case unless said pleadings relate directly to an Appeal. Signed by District Judge E. Richard Webber on 05/30/2013. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BRADLEY HODGE,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:12CV02191 ERW

MEMORANDUM AND ORDER
Before the Court is petitioner’s second motion for reconsideration of this
Court’s dismissal of his application for writ of audita querela.
In his motion for reconsideration, petitioner requests that the Court review its
decision in light of the Supreme Court’s recent case of Moncrieffe v. Holder, 133
S.Ct. 1678 (2013). Contrary to petitioner’s assertions, the Supreme Court’s
application of Carachuri-Rosendo v. Holder, 130 S.Ct. 2577 (2010), in Moncrieffe,
does not restart the clock on the arguments in his petition for writ of audita querela.
Moreover, this Court finds that the holding in Moncrieffe has no bearing on
petitioner’s application for writ of audita querela, and it declines to reconsider the
dismissal of the application for writ.

Accordingly,
IT IS HEREBY ORDERED that petitioner’s second motion for
reconsideration of this Court’s dismissal of his application for writ of audita querela
[ECF No. 18] is DENIED.
IT IS FURTHER ORDERED that the Court declines to issue petitioner a
Certificate of Appealability.
IT IS FURTHER ORDERED that petitioner will not be allowed to file any
additional pleadings in this closed case unless said pleadings relate directly to an
Appeal.
So Ordered this 30th day of May, 2013.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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