SCHMIDT v. JONES, 5:04-cv-95-RS-CAS. (2015)
Court: District Court, N.D. Florida
Number: infdco20150403740
Visitors: 28
Filed: Apr. 02, 2015
Latest Update: Apr. 02, 2015
Summary: ORDER RICHARD SMOAK , District Judge . Before me are the Magistrate Judge's Amended Report and Recommendation (Doc. 256) and Petitioner's Renewed Motion for Bail Pending Final Decision (Doc. 265). I have reviewed the report and recommendation de novo. I have also reviewed Petitioner's Objection to Magistrate's Amended report and Recommendation (Doc. 264). After reviewing the objections, I agree with the Magistrate Judge's well-reasoned conclusion that Petitioner's 60(b) motion is not, a
Summary: ORDER RICHARD SMOAK , District Judge . Before me are the Magistrate Judge's Amended Report and Recommendation (Doc. 256) and Petitioner's Renewed Motion for Bail Pending Final Decision (Doc. 265). I have reviewed the report and recommendation de novo. I have also reviewed Petitioner's Objection to Magistrate's Amended report and Recommendation (Doc. 264). After reviewing the objections, I agree with the Magistrate Judge's well-reasoned conclusion that Petitioner's 60(b) motion is not, as..
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ORDER
RICHARD SMOAK, District Judge.
Before me are the Magistrate Judge's Amended Report and Recommendation (Doc. 256) and Petitioner's Renewed Motion for Bail Pending Final Decision (Doc. 265). I have reviewed the report and recommendation de novo. I have also reviewed Petitioner's Objection to Magistrate's Amended report and Recommendation (Doc. 264).
After reviewing the objections, I agree with the Magistrate Judge's well-reasoned conclusion that Petitioner's 60(b) motion is not, as Petitioner claims, a good-faith claim against the sentencing court's subject-matter jurisdiction; it is rather an attempt to re-litigate the merits of his previously-decided habeas corpus petition. Petitioner's motion for equitable relief suffers from the same flaw. I further agree with the Magistrate Judge that it is troubling that Petitioner offers no explanation for seven-year delay in filing his motion.
Because I adopt the Magistrate Judge's recommendation and deny Petitioner's motions, his renewed motion for bail is moot. Therefore,
IT IS ORDERED:
1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order.
2. Petitioner's Motion to Vacate Order and Judgment Pursuant to Rule 60(b)(4) (Doc. 234) is DENIED.
3. Petitioner's Motion Equitably Amending Relief Sought in his § 2254 Petition as to Ground Eleven (Doc. 246) is DENIED.
4. A Certificate of Appealability is DENIED.
5. Petitioner's Renewed Motion for Bail Pending Final Decision (Doc. 265) is DENIED.
ORDERED.
Source: Leagle
