Jackson v. USA

Filing 28

ORDER denying 23 Motion for Reconsideration. Signed by District Judge Max O. Cogburn, Jr on 1/5/2016. (Pro se litigant served by US Mail.)(chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:15-cv-00106-MOC
ORRIN L. JACKSON,

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Petitioner,
Vs.
UNITED STATES OF AMERICA,
Respondent.

ORDER

THIS MATTER is before the court on petitioner’s Motion for Reconsideration and
Clarification (#23). The court ordered the respondent to file a Response. Attached to its response,
respondent filed what the court determines is the best evidence of a record which is approximately
25 years old. While by no means a complete record, such record appears to be an accurate record
assembled from archived documents kept by the government in the ordinary course of business, a
fact which goes to the reliability of the documents. The court finds such record to be admissible.
With such more complete record now before the court, the court has taken up petitioner’s
Motion for Reconsideration. Having closely reviewed the government’s compliant filing, it
appears that the documents previously considered by the court in granting respondent’s Motion to
Dismiss are a subset of the documents now properly in evidence and are in fact what the
government represented them to be, records of proceedings before this court. With such
determination, there simply is no basis to reconsider the previous decision, which the court herein
reaffirms in its entirety as petitioner is entitled to no relief under §2255.

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ORDER
IT IS, THEREFORE, ORDERED that petitioner’s Motion for Reconsideration and
Clarification (#23) is DENIED.
Signed: January 5, 2016

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