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05-1462 - Palmieri v. United States of America


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05-1462 - Palmieri v. United States of America
July 20, 2005
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MEMORANDUM AND ORDER: For the reasons herein, Petitioner's 28 U.S.C. 2255 motion is DENIED; Accordingly, this Court denies a certificate of appealability. . Ordered by Judge Sterling Johnson Jr. on 7/15/05. c/m with appeal pkg(Fernandez, Erica)
October 27, 2008
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MEMORANDUM AND OPINION, Alternatively, relief under Rule 60(b) is available w/ respect to a previous habeas proceeding only when the Rule 60(b) motion attacks the integrity of the habeas proceeding and not the underlying criminal conviction. Petitioner's Rule 60(b) motion restates the substantive portions of his initial Petition regarding his classification into CriminalHistory Category II and again challenges his conviction before this Court. It does not allege impropriety in the course of his habeas proceeding. Therefore Rule 60(b) relief is also unavailable. Petitioners motion is DENIED. So Ordered by Senior Judge Sterling Johnson, Jr on 10/22/08. (C-M by chambers) (Layne, Monique)