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Golson v. United States

United States District Court, M.D. Pennsylvania

December 3, 2019

COREY GOLSON, SR., Petitioner
v.
UNITED STATES OF AMERICA, Respondent

          MEMORANDUM

          MALACHY E. MANNION UNITED STATES DISTRICT JUDGE

         I. BACKGROUND [1]

         On September 28, 2015, the court issued a Memorandum and Order denying defendant Corey Golson, Sr.'s 28 U.S.C. §2255 motion to vacate, set aside or correct his sentence. Further, the court directed that a certificate of appealability (“COA”) would not be issued pursuant to 28 U.S.C. §2253(c). (Docs. 110 & 111).

         Golson then sought a COA from the Third Circuit to appeal the denial of his §2255 motion, (Doc. 112), and his request was denied on July 15, 2016. (Doc. 114).

         On March 8, 2017, Golson filed a motion under Rule 60(b) seeking relief from the denial of his §2255 motion, and the court denied it on April 12, 2017. (Docs. 115 & 117).

         Golson then filed a motion for reconsideration under Fed.R.Civ.P. 59(e) regarding the court's April 12, 2017 Order, and a motion to amend his §2255 motion. The court denied Golson's motions on July 13, 2017. (Doc. 125).

         On October 13, 2017, the court entered an Order reducing Golson's sentence under Amendment 782, pursuant to 18 U.S.C. §3582(c)(2), and he was re-sentenced to serve 33 months on counts 1 and 2 to run concurrently with each other and consecutively with his 120-month sentence on count 3. (Doc. 130).

         On March 8, 2018, the Third Circuit issued an Order denying Golson's request for a COA regarding the court's denial of his motion under Rule 60(b) seeking relief from its order denying his §2255 motion since “jurists of reason would not dispute that [he] does not qualify for relief under [Rule 60(b)].” (Doc. 132).

         On May 6, 2019, Golson filed a second motion under Federal Rule of Civil Procedure 60(b) again seeking relief from the denial of his §2255 motion and seeking the court to re-open his §2255 proceedings. (Doc. 134).

         On May 9, 2019, the court issued a Memorandum and Order dismissing Golson's Rule 60(b) motion for relief because it was an unauthorized second or successive §2255 motion and, the court lacked subject matter jurisdiction over it because he did not obtain prior authorization from the Third Circuit. (Docs. 135 & 136). The court also denied a COA.

         On June 24, 2019, Golson filed his third motion under Fed.R.Civ.P. 60(b), (Doc. 137), again seeking relief from the court's final judgment denying his motion under 28 U.S.C. §2255, and seeking the court to re-open his §2255 proceedings. He also filed a motion for an evidentiary hearing. (Doc. 138).

         On June 27, 2019, this court construed Golson's June 24, 2019 motion under Rule 60(b) as a Notice of Appeal regarding this court's May 9, 2019 Memorandum and Order. (Doc. 139).

         On July 1, 2019, Golson's Notice of Appeal was docketed in the Third Circuit. (Doc. 141).

         On July 8, 2019, this court issued an Order dismissing Golson's Doc. 138 motion for an ...


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