REA v. United States

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

IVAN REA, ) ) Petitioner, ) ) v. ) No. 1:11-cv-01193-JPH-TAB ) UNITED STATES OF AMERICA, ) ) Respondent. )

ORDER DIRECTING TREATMENT OF MOTION FOR RECONSIDERATION Ivan Rea seeks reconsideration of his motion for relief under 28 U.S.C. § 2255. "Any motion filed in the district court that imposed the sentence, and substantively within the scope of § 2255 ¶ 1, is a motion under § 2255, no matter what title the prisoner plasters on the cover." Melton v. United States, 359 F.3d 855, 857 (7th Cir. 2004); Hare v. United States, 688 F.3d 878, 880 n.3 (7th Cir. 2012) (A court should "look at the substance of a motion rather than its title to determine whether it is a successive collateral attack" in order "to police attempted end-runs around the successive petition limitations of § 2255 by restyling motions in different ways"). This includes a motion for reconsideration under Rule 60(b) of the Federal Rules of Civil Procedure. See Gonzalez v. Crosby, 545 U.S. 524, 531 (2005) (holding that a post-judgment motion that raises a new ground for relief from a conviction or attacks the Court's previous resolution of a ground for relief is a successive habeas petition). The clerk shall therefore open a new civil action in the Indianapolis Division and re-docket the motion for reconsideration, dkt. [32], as the defendant's motion for relief pursuant to 28 U.S.C. § 2255. The Nature of Suit of the new civil action will be 510 and the Cause of Action will be 28:2255. A copy of this Order shall likewise be docketed in the newly opened action. Insofar as filed in this case, the motion for reconsideration, dkt. [32], is denied without prejudice except to the extent that a new civil action will be opened. SO ORDERED.

Date: 9/23/2024 jams Patnick \bawlove James Patrick Hanlon United States District Judge Southern District of Indiana

Distribution: Ivan Rea 08492-028 USP Hazelton U.S. Penitentiary P.O. Box 2000 Bruceton Mills, WV 26525 All Electronically Registered Counsel