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Tompson v. Warren

United States District Court, Third Circuit

December 18, 2013

AL'SHAMOON THOMPSON, Petitioner,
v.
CHARLES WARREN, et al., Respondents.

OPINION

CLAIRE C. CECCHL, District Judge.

I. INTRODUCTION

Petitioner is a state prisoner currently incarcerated at the New Jersey State Prison in Trenton, New Jersey. Petitioner is proceeding pro se and previously filed a petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. The Court denied the petition as time-barred on March 13, 2013. (See Dkt, Nos. 17 & 18.) Presently pending before the Court is Petitioner's motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b). (Dkt. No. 27.) The Clerk will be ordered to reopen this matter so that the Court can rule on the motion. For the following reasons, Petitioner's motion for relief from judgment will be denied.

II. BACKGROUND

The Court previously explained the lengthy procedural history this case in the i arch 13, 2013 Opinion; specifically:

Petitioner was convicted first-degree purposeful or knowing murder, first-degree attempted murder, second-degree aggravated assault, third-degree unlawful possession a handgun, second-degree possession of a handgun for an unlawful purpose and fourth degree possession a silencer. He was convicted by a jury of all offenses and was sentenced on July 3, 1997 to life imprisonment plus 25 years with a 40 year period parole ineligibility. As recounted in Respondent's Answer, the dates for calculating the timeliness of the pending Petition are as follows:
July 3, 1997 (sentencing)
June 23, 1999 (conviction affimied)
October 26. 1999 (petition for certification denied)
July 31, 2000 (PCR filed)
June 26, 2006 (PCR denied)
July 13, 2006 (motion for reconsideration filed)
November 9, 2006 (motion for reconsideration denied)
January 18, 2007 (notice of appeal filed)
February 6, 2009 (case ...

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