U.S. v. MYRIE, 2:06-cr-00239-RCJ-PAL-1. (2015)
Court: District Court, D. Nevada
Number: infdco20150112869
Visitors: 21
Filed: Jan. 09, 2015
Latest Update: Jan. 09, 2015
Summary: ORDER ROBERT C. JONES, District Judge. Defendant Kurt Myrie pled guilty in this Court to four crimes related to a bank robbery. The Court entered judgment on April 21, 2008. Defendant appealed, and the Court of Appeals affirmed. The Court later denied Defendant's habeas corpus motion under 28 U.S.C. 2255. Defendant now asks the Court to relieve him from judgment under Civil Rule 60(b). The Government correctly responds that the motion is in substance a successive 2255 motion. Defendant mus
Summary: ORDER ROBERT C. JONES, District Judge. Defendant Kurt Myrie pled guilty in this Court to four crimes related to a bank robbery. The Court entered judgment on April 21, 2008. Defendant appealed, and the Court of Appeals affirmed. The Court later denied Defendant's habeas corpus motion under 28 U.S.C. 2255. Defendant now asks the Court to relieve him from judgment under Civil Rule 60(b). The Government correctly responds that the motion is in substance a successive 2255 motion. Defendant must..
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ORDER
ROBERT C. JONES, District Judge.
Defendant Kurt Myrie pled guilty in this Court to four crimes related to a bank robbery. The Court entered judgment on April 21, 2008. Defendant appealed, and the Court of Appeals affirmed. The Court later denied Defendant's habeas corpus motion under 28 U.S.C. § 2255. Defendant now asks the Court to relieve him from judgment under Civil Rule 60(b). The Government correctly responds that the motion is in substance a successive § 2255 motion. Defendant must ask the Court of Appeals for leave to file such a motion pursuant to 28 U.S.C. § 2244. See 28 U.S.C. § 2255(h).
CONCLUSION
IT IS HEREBY ORDERED that the Motion for Relief from Judgment (ECF No. 200) is DENIED.
IT IS SO ORDERED.
Source: Leagle
