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United States of America v. Paul Johnson

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


May 26, 2011

UNITED STATES OF AMERICA
v.
PAUL JOHNSON

The opinion of the court was delivered by: Sylvia H. Rambo United States District Judge

MEMORANDUM

Before the court is Defendant's motion for relief from judgment filed pursuant to Federal Rule of Civil Procedure 60(b)(6) (doc. 325). In an unpublished opinion attached hereto, Robinson v. Sniezek, No. 10-3015 (Third Circuit, Nov. 12, 2010), the appellate court held that "Rule 60(b) cannot be used as an independent means to relieve a defendant of a judgment in a criminal case." Id. at n.2. If petitioner believes he has cause for relief because of intervening law on an issue previously raised but relief was denied, he should seek permission from the court of appeals to file a second or successive petition under 28 U.S.C. § 2255. An appropriate order will be issued.

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

CASE NO. 1:CR-94-145-01

UNITED STATES OF AMERICA v. PAUL JOHNSON

ORDER

In accordance with the accompanying memorandum, IT IS HEREBY ORDERED THAT the motion for relief from judgment (doc. 325) is DENIED.

Sylvia H. Rambo United States District Judge

Dated: May 26, 2011.

20110526

© 1992-2011 VersusLaw Inc.



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