Hughley v. United States of America (INMATE 3), No. 3:2024cv00081 - Document 12 (M.D. Ala. 2024)
Court Description: OPINION: It is ORDERED after an independent and de novo review of the record, the court concludes that the objections should be overruled and the magistrate judge's recommendation adopted. Signed by Honorable Judge Myron H. Thompson on 3/19/2024. (c/s) (LAB)
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Hughley v. United States of America (INMATE 3) Doc. 12 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION JOHNNY HUGHLEY, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:24cv81-MHT (WO) OPINION This lawsuit stems from petitioner’s filing of a motion he styled a “Nunc Pro Tunc Motion to Reopen Case for Fraud Upon the Court Committed by the Court Itself to Obtain Conviction Rule 60(b)(3) & (6)” (Doc. 2), challenging a sentence that he finished serving many years ago. The case is now before the court on the recommendation of the United States Magistrate Judge that petitioner’s jurisdiction U.S.C. motion because § 2255 motion it be dismissed constitutes filed without a for lack of successive 28 appellate-court authorization and because petitioner is not in custody for purposes of 28 U.S.C. § 2255(a). Also before the Dockets.Justia.com court are petitioner's recommendation. review of objections the After record, should be an the objections independent court overruled to and concludes and the de that the novo the magistrate judge’s recommendation adopted. An appropriate judgment will be entered. DONE, this the 19th day of March, 2024. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE 2
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