USA v. Taylor

Filing 30

ORDER DENYING MOTION FOR STATUS CONFERENCE AND TRANSFERRING RULE 60(b) MOTION TO THE SIXTH CIRCUIT PURSUANT TO 28 U.S.C. § 2244(b)(3). Signed by Judge James D. Todd on 1/9/18. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
VS.
ALVIN GLENN TAYLOR,
Defendant.

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Civ. No. 00-3062-JDT
Crim. No. 96-20037-JPM

ORDER DENYING MOTION FOR STATUS CONFERENCE AND
TRANSFERRING RULE 60(b) MOTION TO THE
SIXTH CIRCUIT PURSUANT TO 28 U.S.C. § 2244(b)(3)

The Movant, Alvin Glenn Taylor, Federal Bureau of Prisons (BOP) registration
number 15545-076, an inmate at the Federal Correctional Institution in Forrest City,
Arkansas, originally filed a motion pursuant to 28 U.S.C. § 2255 on November 7, 2000.
(ECF No. 1.) The motion ultimately was denied (ECF Nos. 10 & 14), and the Sixth Circuit
affirmed on appeal. Taylor v. United States, 59 F. App’x 58 (6th Cir.), cert. denied, 540 U.S.
982 (2003).1 On October 14, 2015, Taylor filed a motion under Federal Rule of Civil
Procedure 60(b) to re-open the § 2255 proceeding. However, because Taylor again raises
new claims, including a claim based on the decision in Johnson v. United States, 135 S. Ct.
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On November 22, 2013, Taylor filed a motion pursuant to Federal Rule of Civil
Procedure 60(b), raising a new claim based on the decision in Alleyne v. United States, 133 S. Ct.
2151 (2013). The Court construed the motion as an attempt to file a second or successive § 2255
motion and transferred it to the Sixth Circuit. The Sixth Circuit denied leave to file a successive
§ 2255 motion. In re Taylor, No. 13-6590 (6th Cir. July 9, 2014).

2551 (2015), he must first obtain permission from the Sixth Circuit under 28 U.S.C.
§§ 2255(h) and 2244.
Pursuant to § 2244(b)(3), Taylor’s motion is hereby TRANSFERRED to the Sixth
Circuit as a second or successive § 2255 motion. See In re Sims, 111 F.3d 45, 47 (6th Cir.
1997) (per curiam). Taylor’s motion for a status conference (ECF No. 29) is DENIED.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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