Pickens v. Perritt

Filing 40

ORDER denying 38 Motion for Reconsideration. Signed by Chief Judge Frank D. Whitney on 10/20/16. (Pro se litigant served by US Mail.)(emw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:13-cv-277-FDW BRANDON MICHAEL PICKENS, ) ) Petitioner, ) ) vs. ) ) BRAD PERRITT, ) ) Respondent. ) ____________________________________) ORDER THIS MATTER comes before the Court on Petitioner’s Motion for Reconsideration of this Court’s Order dated July 28, 2016, in which the Court denied various motions for relief filed by Petitioner, in which he sought relief from judgment on his underlying habeas petition filed under 28 U.S.C. § 2254. Petitioner’s Motion for Reconsideration, (Doc. No. 38), is DENIED for the same reasons that the Court denied Petitioner’s prior motions for relief. As the Court thoroughly explained in its prior order, Petitioner is not entitled to relief from judgment on his underlying habeas petition. Furthermore, the Court notes that Petitioner has appealed this Court’s prior order to the Fourth Circuit Court of Appeals, and that appeal is pending. 1

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