Opinion
3:98-CR-299-R
November 5, 2002
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636(b), and an Order of the Court filed on October 28, 2002, Teddy Wayne Solomon's Rule 60(b) amended petition/motion for relief from judgment, filed on October 25, 2002, has been referred to the United States Magistrate Judge. The findings, conclusions and recommendation of the Magistrate Judge, as evidenced by his signature thereto, are as follows:
FINDINGS AND CONCLUSIONS:
On October 30, 2002, the Magistrate Judge filed findings recommending that the District court deny Solomon's Rule 60(b) petition for relief from judgment, filed on October 15, 2002. In his amended petition, Solomon restates the same arguments alleged in his original petition. The amended petition should, therefore, be denied for the reasons stated in the findings, conclusions and recommendation filed on October 30, 2002.
For the foregoing reasons, it is recommended that the District Court enter its order denying Solomon's amended petition/motion for relief from judgment but without prejudice to his right file a motion for leave to file a second or successive motion pursuant to 28 U.S.C. § 2255.
The Clerk will mail a copy of this recommendation to Teddy Wayne Solomon.