Allaway v. Bennet, et al
Filing
21
MEMORANDUM, ORDER, AND JUDGMENT: Petitioner moves "pursuant to Rule 60(b)(3) (4) of the Federal Rules of Civil Procedure to [set] aside the judgment [of August 2, 2003 (docket entry 17 )] for fraud on the Court and void judgment.... " Se e Petition dated August 20, 2013, received in prose office October 21, 2013. The original petition was dismissed with a full opinion. See docket entry 17 . There was apparently no appeal. The entirely new claim of petitioner is apparently that the State trial judge appointed as trial counsel a lawyer engaged in a political campaign who did not wish to serve. This is a second habeas corpus application. Permission to bring it must be obtained from the court of Appeals of the Second Circuit. See 28 U.S.C. § 2244(b)(1). This second petition is dismissed. Ordered by Judge Jack B. Weinstein, on 10/28/2013. (Barrett, C)
FILED
IN CLERK'S OFFICE
U.S. DISTRICT COURT E.O.N.Y.
*
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
ROBERT ALLAWAY, IV,
Petitioner,
OCT 3 1 2013
*
BROOKLYN OFFICE
MEMORANDUM, ORDER,
AND JUDGMENT
00-CV-4237
-against-
FLOYD BENNET, JR., Superintendent,
Elmira Correctional Facility,
Defendant.
JACK B. WEINSTEIN, Senior United States District Judge:
Petitioner moves "pursuant to Rule 60(b)(3)(4) of the Federal Rules of Civil Procedure to
[set] aside the judgment [of August 2, 2003 (docket entry 17)] for fraud on the Court and void
judgment .... " See Petition dated August 20, 2013, received in prose office October 21, 2013.
The original petition was dismissed with a full opinion. See docket entry 17. There was
apparently no appeal.
The entirely new claim of petitioner is apparently that the State trial judge appointed as
trial counsel a lawyer engaged in a political campaign who did not wish to serve.
This is a second habeas corpus application. Permission to bring it must be obtained from
the court of Appeals of the Second Circuit. See 28U.S.C. ยง 2244(b)(1).
This second petition is dismissed.
ack B. Weinstein
Senior United States District Judge
Dated: October 28, 2013
Brooklyn, New York
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