Lambert v. United States of America

Filing 37

ORDER DIRECTING CLERK TO TERMINATE 36 MOTION AND OPEN NEW CASE. Signed by Judge J. Daniel Breen on 10/24/19. (cdi)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
TIMOTHY LAMBERT
Petitioner,
v.
No. 1:15-cv-1081-JDB-egb
UNITED STATES OF AMERICA,
Respondent.
ORDER DIRECTING CLERK TO TERMINATE MOTION AND OPEN NEW CASE
On April 11, 2018, the Court granted Petitioner, Timothy Lambert’s, 28 U.S.C. § 2255
motion to the extent he sought a delayed appeal from his judgment of conviction. (Docket Entry
(“D.E.”) 29 at PageID 149.) The Court also dismissed the remaining claims without prejudice.
(Id.) On July 11, 2018, the Court reimposed the 151-month sentence in Petitioner’s criminal case
and entered an amended judgment of conviction. (United States v. Lambert, No. 1:13-cr-10014JDB-1, D.E. 78 (W.D. Tenn.).) Petitioner, through appointed counsel, took a delayed direct appeal
in that case, (id. D.E. 80), but the Sixth Circuit affirmed, (id. D.E. 85). On June 19, 2019, the
inmate filed a document in the present case styled “Motion Requesting Amendment of Petitioner’s
28 U.S.C. 2255,” by which he intends to pursue three claims under 28 U.S.C. § 2255. (D.E. 36 at
PageID 164.) That motion is now before the Court.
Because Lambert is seeking to challenge the amended judgment of conviction, he must
pursue his claims in a new civil case. The Clerk of Court is therefore DIRECTED to file the
document at D.E. 36 in the present case as the case-initiating document in a new § 2255 case. The
Clerk is further DIRECTED to terminate the motion at D.E. 36.
IT IS SO ORDERED this 24th day of October 2019.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE