IVAN REA v. United States

Docket 1:11-cv-01193

Filed
2011-09-02
Terminated
2013-09-11
Case type
cv

Outcome

other judgment · defendant

FJC civil IDB DISTRICT=56 OFFICE=1 DOCKET=1101193 FILEDATE=09/02/2011 DISP=17, PROCPROG=3, JUDGMENT=2; codebook: https://www.fjc.gov/sites/default/files/idb/codebooks/Civil%20Codebook%201988%20Forward%2010252023.pdf

Outcome source

Parties and representation

      Party and firm records are not available for this case.

      Panel

        No sourced panel votes are recorded.

        Opinions and documents

        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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