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Miner v. Hollingsworth

August 5, 2010

GERALD MINER, PETITIONER,
v.
LISA J. HOLLINGSWORTH, RESPONDENT.



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

MEMORANDUM AND ORDER

This matter is before the Court on Petitioner's motion to correct record pursuant to Federal Rule of Appellate Procedure 10(e) (Doc. 18); his motion to reopen the instant action pursuant to Rule 60(b)(6) (Doc. 19); and his motion to expedite proceedings on his motion to reopen (Doc. 20).

BACKGROUND

Petitioner, an inmate in the United States Penitentiary located in Marion, Illinois (USP-Marion), brought this habeas corpus action pursuant to 28 U.S.C. § 2241 to challenge one of his convictions and some of the sentences imposed on him in the United States District Court for the Eastern District of Missouri.

After carefully reviewing the § 2241 petition and exhibits in the present case, the Court concluded that Petitioner was not entitled to § 2241 relief because he had not demonstrated that relief pursuant to 28 U.S.C. § 2255 was inadequate or ineffective, and the petition was summarily dismissed.

Petitioner appealed the summary dismissal of his § 2241 habeas petition to the Seventh Circuit Court of Appeals. The Seventh Circuit affirmed the dismissal of Petitioner's § 2241 habeas petition by this Court finding that Petitioner's "argument does not fall within the narrow exception that would allow him to challenge his conviction under § 2241." Miner v. Hollingsworth, No. 09- 3476 (7th Cir. Feb. 23, 2010).

PENDING MOTIONS

A. Motion to Correct Record Pursuant to Rule 10(e) of the Federal Rules of Appellate Procedure

In his motion to correct record pursuant to Rule 10(e) of the Federal Rules of Appellate Procedure (Doc. 18), Petitioner claims that, in their Order, the Seventh Circuit Court of Appeals misstated the procedural background of Petitioner's § 2255 proceedings before the trial court and the Eighth Circuit Court of Appeals.

Petitioner's motion for correct record pursuant to Rule 10(e) of the Federal Ruls of Appellate Procedure (Doc. 18) should be dismissed. Rule 10(a) of the Federal Rules of Appellate Procedure states that the record on appeal is comprised of:

(1) the original papers and exhibits filed in the district court;

(2) the transcript of proceedings, if any; and

(3) a certified copy of the docket entries prepared by the district clerk.

Rule 10(e) of the Federal Rules of Appellate Procedure states that "[i]f any difference arises about whether the record truly discloses what occurred in the district court, the difference must be submitted to the and ...


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