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Robert Nelson Howell v. United States of America

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


December 21, 2010

ROBERT NELSON HOWELL PLAINTIFF,
v.
UNITED STATES OF AMERICA,
DEFENDANT

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

MEMORANDUM and ORDER

To say that Howell is persistent is an understatement. Again, Howell has filed another motion to vacate judgment pursuant to Rule 60(b)(6) Fed.R.Civil.P. in this case (Doc. 51) despite many denials of similar motions ( see Docs. 16, 27, 38 & 50); two mandates from the Seventh Circuit dismissing his appeals ( see Docs. 35 & 49) and a warning from this Court in this civil case not to file any more pleadings or risk sanctions (Doc. 50). Likewise, Howell has filed similar motions in his criminal case, 98-cr-30200-DRH, relating to his judgment and conviction. *fn1 Also, as noted in previous orders, Howell has filed several other unsuccessful actions in this District challenging his conviction and sentence. *fn2 On March 21, 2007, the undersigned entered an Order warning Howell not to file anymore pleadings in this case or risk the imposition of sanctions. *fn3 Specifically, the Order stated:

Howell is now WARNED that should he file anything else in this action, he will be subject to sanctions. See Fed.R.Civ.P. 11. Those sanctions may include the imposition of monetary sanctions, an outright ban on any future filings in this District with respect to his conviction, or both. Howell is FURTHER WARNED that he shall not file any new cases in this District that attempt to challenge his current confinement stemming from the criminal case reference in the caption, above. The only exception will be if the Seventh Circuit authorizes Howell to file a second or sucessive motion under 28 U.S.C. § 2255. Should Howell disregard this warning, he may be subject to sanctions under Rule 11, as detailed above.

(Doc. 50, p. 2). Based on Howell's conduct, the Court finds that sanctions are warranted. Specifically, the Court intends to sanction Howell $1,500.00 for his filings: $1000.00 for the motion to vacate and $500.00 for the power of attorney. Therefore, the Court, pursuant to Fed.R.Civ. P. 11(c)(3) , DIRECTS Howell to show cause in writing on or before January 20, 2011 why he should not be sanctioned for filing frivolous motions and for violating the Court's March 21, 2007 Order. *fn4

Further, the Court finds that Howell's motion to vacate judgment pursuant to Rule 60(b)(6) Fed.R.Civil.P. is without merit and the Court STRIKES Howell's motion to vacate and power of attorney (Doc. 51).

IT IS SO ORDERED.

Signed this 21st day of December, 2010.

David R. Herndon Chief Judge United States District Court

2010.12.21 12:37:55 -06'00'


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