Filed: Jan. 09, 2018
Latest Update: Jan. 09, 2018
Summary: 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) JAMES D. TODD , District Judge . 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
Summary: 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) JAMES D. TODD , District Judge . 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 C..
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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)
JAMES D. TODD, District Judge.
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. 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.
FootNotes
1. 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).
