REA v. United States

S.D. Indiana

REA v. United States

DecidedSeptember 23, 2024

Docket1:24-cv-01660

StatusUnknown

This text of REA v. United States (REA v. United States) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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REA v. United States, (S.D. Ind. 2024).

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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

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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

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