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Johnson v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 21, 2007

STANLEY E. JOHNSON, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA , RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Herndon, District Judge

MEMORANDUM AND ORDER

The Court denied Petitioner's motion under § 2255, finding that the motion was time-barred; the Court also noted that Petitioner waived his right to challenge his sentence on appeal or in a post-conviction collateral challenge (see Doc. 3). The Court later denied Petitioner's request for issuance of a certificate of appealability, finding that he had not made a substantial showing of the denial of a constitutional right (Doc. 8), and also denied his request for leave to proceed in forma pauperis on appeal (Doc. 14). The Seventh Circuit followed suit, denying his requests for a certificate of appealability and for leave to proceed in forma pauperis on appeal (Doc. 16).

Now before the Court is Petitioner's motion to void judgment, filed pursuant to Rule 60(b) of the Federal Rules of Civil Procedure (Doc. 17). In this motion, Petitioner simply reiterates the grounds presented in his original motion (Doc. 1), even though the Court found that the motion was time-barred and that Petitioner had waived his right to file such a challenge to his conviction.*fn1

Therefore, the instant motion is without merit, and it is summarily DENIED.

IT IS SO ORDERED.

David RHerndon DISTRICT JUDGE


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