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Hendricks v. Graham

May 19, 2009

BOBBY HENDRICKS, PETITIONER,
v.
HAROLD GRAHAM, SUPERINTENDENT, RESPONDENT.



The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge

ORDER

[Re: Motion at Docket No. 30]

At Docket No. 30 Petitioner Bobby Hendricks, a state prisoner appearing pro se, has filed a motion to vacate the judgment under Rule 60(b), Federal Rules of Civil Procedure. In support of the instant motion, Hendricks submitted an unsigned and undated 13-page document entitled "Dossier" and a 65-page signed document entitled "Petition" dated February 3, 2009.

I. PRIOR PROCEEDINGS

April 14, 2008 -- this Court entered its Memorandum Decision and Order and Judgment denying Hendricks' petition for a writ of habeas corpus under 28 U.S.C. § 2254. [Docket Nos. 22 and 23, respectively].

May 5, 2008 -- Hendricks appealed the judgment to the Court of Appeals for the Second Circuit. [Docket No. 24.]

October 23, 2008 -- the Court of Appeals for the Second Circuit entered an order denying Hendricks' motion for a certificate of appealability and dismissing the appeal for failure to "make a substantial showing of a constitutional right." [Docket No. 27]

April 13, 2009 -- Hendricks timely filed the instant motion for relief under Rule 60(b).

II. APPLICABLE RULE

Rule 60(b) provides:*fn1

(b) GROUNDS FOR RELIEF FROM A FINAL JUDGMENT, ORDER, OR PROCEEDING

On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for ...


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