Odman v. USA

Filing 39

ORDER denying Petitioner's 38 Motion to Reconsider. Signed by District Judge Martin Reidinger on 10/28/2017. (Pro se litigant served by US Mail.)(kby)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:04-cv-00044-MR CRIMINAL CASE NO. 4:96-cr-00053-MR-1 OWEN ODMAN, ) ) Petitioner, ) ) vs. ) ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) _______________________________ ) ORDER THIS MATTER is before the Court on the Petitioner’s Motion for Relief from Judgment. [Doc. 38]. In the present motion, filed more than ten years after the Fourth Circuit dismissed his appeal and refused to issue a certificate of appealability [see Docs. 20, 21], the Petitioner seeks to reopen this proceeding pursuant to Federal Rule of Civil Procedure 60(b). Upon review of the Petitioner’s motion, the Court finds no basis in law to reconsider the prior Order dismissing the Petitioner’s first motion to vacate. Accordingly, IT IS, THEREFORE, ORDERED that the Petitioner’s Motion to Reconsider [Doc. 38] is DENIED. IT IS SO ORDERED. Signed: October 28, 2017 2

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