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. § 2244(b)(1).

This second petition is dismissed.

ack B. Weinstein
Senior United States District Judge
Dated: October 28, 2013

Brooklyn, New York