Opinion
02 Civ. 1471 (LAK), (98 Crim. 876 (LAK))
October 14, 2003
ORDER
By motion dated September 30, 2002, movant moves to reopen this Section 2255 motion pursuant to Fed.R.Civ.P. 60(b). He argues yet again that Agent Rothe lied at trial and that the government failed to disclose under Brady and Giglio evidence that the check in question was actually in Secret Service custody rather than that of Agent Rothe. In addition, he tacks on an ineffective assistance of counsel argument.
The arguments regarding Agent Rothe and the check have been rejected, most recently in an order dated September 16, 2003 entered in 03 Civ. 6019 (LAK). The present motion adds nothing.
Ineffective assistance of counsel might have been an appropriate ground upon which to challenge the criminal conviction. It is not a ground upon which to seek relief from the order denying movant's Section 2255 motion, as movant proceeded pro se on that matter.
Accordingly, to the extent that movant seeks reconsideration of the order that denied his Section 2255 motion, the application is denied. To the extent that his application is construed as again seeking relief from the criminal conviction under Section 2255 on the ground of ineffective assistance of counsel, it is transferred to the Court of Appeals pursuant to 28 U.S.C. § 1631 for a determination whether this Court should consider the motion under 28 U.S.C. § 2255. The Clerk is directed to docket this order in 98 Crim. 0876 and in 03 Civ. 6019 as well as in this case.
SO ORDERED.