Opinion
CRIMINAL NO. 1:CR-98-056.
January 27, 2011
MEMORANDUM
Before the court is a document filed by the captioned Defendant entitled "Motion For Relief From Void Judgment Supporting Memorandum of Points and Authorities." On September 4, 2001, Defendant filed a motion to vacate judgment pursuant to 28 U.S.C. § 2255. That motion was denied on November 7, 2001. His appeal was denied on June 3, 2003. On January 20, 2006, Defendant filed another petition pursuant to 28 U.S.C. § 2255. That motion was denied on January 27, 2006. The Third Circuit Court of Appeals denied Defendant's request to file a second or successive § 2255 motion on July 7, 2008.
The current petition is filed pursuant to Federal Rule of Civil Procedure 60(b)(4). Defendant claims the judgments entered pursuant to 28 U.S.C. § 2255 are void because the court did not address a Batson claim. However, the Third Circuit Court of Appeals, in a memorandum opinion filed on January 14, 2000 to No. 99-7044, addressed this issue and found there was no Batson violation ( see id. at pp. 3-4).
Batson v. Kentucky, 476 U.S. 79 (1986).
Defendant's present motion is frivolous. An appropriate order will be issued.
Dated: January 27, 2011.
ORDER
In accordance with the accompanying memorandum, IT IS HEREBY ORDERED THAT:
1) The motion filed pursuant to Federal Rule of Civil Procedure 60(b)(4) is dismissed with prejudice.
2) Any appeal from this order will be deemed frivolous and not taken in good faith.
Dated: January 27, 2011.