Green v. Andrews

Filing 18

ORDER that Petitioner shall file a Memorandum Addressing Limitations re 17 MOTION for Relief from Judgment. (Responses due by 1/6/2020). Signed by Chief Judge Frank D. Whitney on 12/20/2019. (Pro se litigant served by US Mail) (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:15-cv-97-FDW
(5:00-cr-34-1)
DAVID GLENN GREEN,

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Petitioner,
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vs.
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JUSTIN F. ANDREWS,
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Respondent.
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____________________________________ )

ORDER

THIS MATTER is before the Court on pro se Petitioner’s Motion for Relief from
Judgment, (Doc. No. 17).
Petitioner filed his pro se § 2241 petition in the instant case on July 28, 2015, and the Court
denied the Motion in an Order docketed on March 9, 2016. (Doc. No. 9). Petitioner filed the instant
Motion for Relief from Judgment under Rule 60(b) of the Federal Rules of Civil Procedure on
December 11, 2019. (Doc. No. 17).
Petitioner will be required to file a Memorandum Addressing Limitations within 14 days
of this Order explaining why his Rule 60(b) Motion is not time-barred. See generally United States
v. McRae, 793 F.3d 392, 401 (4th Cir. 2015) (noting that the Rule 60(b) time limit is an affirmative
defense). Petitioner’s failure to comply may result in the denial of the Rule 60(b) Motion without
further notice.
IT IS, THEREFORE, ORDERED that Petitioner shall file a Memorandum Addressing
Limitations within 14 days of this Order.

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Signed: December 20, 2019

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