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D'Amario v. United States

United States District Court, D. New Jersey

February 24, 2014

ARTHUR D'AMARIO, III, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

OPINION

ROBERT B. KUGLER, District Judge.

Presently before the Court is Petitioner Arthur D'Amario III's motion, pursuant to Federal Rule of Civil Procedure 60(b)(6), for relief from the Court's December 7, 2005, Order (the "2005 Order"), denying his habeas petition under 28 U.S.C. § 2255. Also before the Court is Petitioner's motion for an expedited hearing on his pending Rule 60(b)(6) motion. For the reasons set forth below, Petitioner's Rule 60(b)(6) motion will be DENIED and his motion for an expedited hearing will be DISMISSED AS MOOT.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

This is the second time that Petitioner has moved for relief from the 2005 Order under Rule 60(b). Accordingly, the Court will set forth the factual background and procedural history discussed in its earlier opinion denying Petitioner's first motion.

On December 4, 2001, Petitioner was convicted of threatening to assault and murder a federal judge in violation of 18 U.S.C. § 115(a)(1)(B). Petitioner also had a previous conviction for possession of a firearm by a convicted felon for which he was sentenced to eighteen months in prison by United States District Court Judge Joseph DiClerico. While serving this prison sentence, Petitioner sent a letter to his attorney, Edward Roy, Esq., in which he wrote:

If they make me work one more day, and continue to fuck up my sentence computation, I will seek revenge on the day of my inevitable discharge against the conspirators. As soon as I get off the bus in Providence next month or next year, I will kill the judges who directed the state police to frame me with those nursery rhymes. I may charge after one and break his neck with my bare hands, or I might douse myself with gasoline and light the match next to a judge, or I may get a gun and shoot them all....
As I said, you must understand how sick I am of losing, and that I will not accept this latest conspiracy. The co-conspirators are:
1. R.I. judges
Mass. Judges
[Judge] DiClerico
the fat girl
...
So the way we left it is that nobody had better push me or I'll explode. Leave me the fuck alone!' I said, or I'll kill somebody. I also said that I will not do this time and plan to beat the judges however I can even if it means hanging myself....
But they have to let me out eventually. I've told them where we're at. If they don't drop these terror tactics immediately, I'm dedicated to killing R.I. judges when I'm out. I'll put the conspirators on the front page.... I dare anybody to push me. You can accept all they've done to me in this hoax case. I won't. If I'm in S.H.U. when this arrives, I expect ...

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