Anderson v. Hudson

Filing 11

Memorandum Opinion and Order Denying re 10 Motion for relief filed by William L. Anderson. Judge Donald C. Nugent on 10/11/11. (E,P)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

WILLIAM L. ANDERSON,
Petitioner,
v.
WARDEN BRADSHAW,
Respondent.

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CASE NO.

5:08 cv 601

JUDGE DONALD C. NUGENT

MEMORANDUM OPINION
AND ORDER

This matter comes before the Court upon Defendant, William Anderson’s Motion for
Relief from Judgment and Re-opening of Petitioner pursuant to Civ. R. P.60(A) and Fed. Crim.
R. P. Rule 36. (ECF #10). For the reasons set forth below, the Defendant’s Motion is hereby,
DENIED.
Petitioner filed a habeus corpus petition in March of 2008, without having exhausted his
state court remedies. The Court granted a conditional stay that required him to provide updates
on the state court proceedings every sixty days. Petitioner never filed any updates. That
petition was dismissed for failure to prosecute in October of 2008. In 2009 Petitioner re-filed his
writ for habeas corpus under a separate case number as a successive petition. (Case No. 5:09 CV
671).

That petition was considered and denied, and the Court of Appeals denied Mr.

Anderson’s application for a certificate of appealability. (ECF # 28, 33). Mr. Anderson filed a
motion for reconsideration of the decision, which was denied. (ECF #29, 30). Mr. Anderson has
also previously filed a motion for relief from judgment pursuant to Fed. R. Civ. Pro. 60(b) under
this case number. That motion was also denied. (ECF #7).

Petitioner has had his opportunity to present his legal and factual arguments to the Court,
and those arguments were not convincing. Nothing in his most recent motion changes the
reasoning that supported these prior decisions. All of the facts and legal principles underlying
his claims have been considered and addressed. Mr. Anderson’s most recent reiteration of his
dissatisfaction with the result offers no relevant information that would alter that outcome.
Petitioner’s motion (ECF #10) is DENIED.

/s/ Donald C. Nugent
DONALD C. NUGENT
United States District Judge

DATED: October 11, 2011

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