IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
October 17, 2012
UNITED STATES OF AMERICA,
KENNEDY M. RUSSELL, SR.,
The opinion of the court was delivered by: Herndon, Chief Judge:
This matter comes before the Court for case management. On October 15, 2012, Russell filed a filed entitled motion under Fed. R. Crim. P 60(b)(2) & (6) Amended Edition (Doc. 4). The caption contains the above case number and Russell's closed criminal case number, 10-30106-DRH. After reviewing the pleading, the Court believes that Russell intended to file the motion in his criminal case and not his civil 28 U.S.C. § 2255 petition. Thus, the Court STRIKES the motion from this civil case and DIRECTS the Clerk of the Court to file the motion in his criminal case.
IT IS SO ORDERED.
Date: 2012.10.17 10:24:40 -05'00'
Digitally signed by David R. Herndon Chief Judge United States District Court
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