Carr v. Ballard

Filing 15

MEMORANDUM OPINION AND ORDER: Pending is the petitioner's letter-form request received October 9, 2012, which the court treats as a Rule 60(b) motion for relief from judgment; Clerk is directed to file the motion, redacting the name on page 3; directing that the Rule 60(b) motion be, denied. Signed by Judge John T. Copenhaver, Jr. on 12/20/2012. (cc: attys; petitioner, Mag. Judge) (tmr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
JAMES D. W. CARR,
Petitioner,
v.

CIVIL ACTION NO. 2:12-0909

WARDEN DAVID BALLARD,
Respondent.

MEMORANDUM OPINION AND ORDER
Pending is the petitioner's letter-form request received
October 9, 2012, which the court treats as a Rule 60(b) motion for
relief from judgment.

The Clerk is directed to file the motion,

redacting the name on page 3 of the filing inasmuch as it makes
unsubstantiated accusations against a third-party not before the
court.
On August 17, 2012, the court adopted the proposed findings
and recommendation of the magistrate judge recommending denial, on
limitations grounds, of petitioner's request for relief pursuant to
28 U.S.C. § 2254.

The Judgment was entered that same day.

In the

instant Rule 60(b) motion, petitioner essentially asks the court to
revisit the circumstances surrounding his state conviction and
sentence.

The limitations analysis bars that approach.

The court, accordingly, ORDERS that the Rule 60(b) motion
be, and it hereby is, denied.
The Clerk is directed to forward copies of this written
opinion and order to the petitioner, all counsel of record, and the
United States Magistrate Judge.
DATED: December 20, 2012

John T. Copenhaver, Jr.
United States District Judge