Fletcher v. Butler, No. 08-0266-DRH

CourtUnited States District Courts. 7th Circuit. Southern District of Illinois
Writing for the CourtHERNDON, District Judge
PartiesROBERT D. FLETCHER, Petitioner, v. KIMBERLY BUTLER, Respondent.
Decision Date08 October 2014
Docket NumberNo. 08-0266-DRH

ROBERT D. FLETCHER, Petitioner,
v.
KIMBERLY BUTLER, Respondent.

No. 08-0266-DRH

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

October 8, 2014


MEMORANDUM and ORDER

HERNDON, District Judge:

Pending before the Court is Fletcher's motion from[sic] relief from Judgment or Orders (Doc. 98) and motion to proceed in forma pauperis (Doc. 99). Based on the following, the Court DENIES the motion for relief from[sic] relief from judgment and DENIES as moot the motion to proceed in forma pauperis.

Only a brief procedural history of this matter is needed to address the pending motions. On April 8, 2008, Fletcher filed a habeas corpus petition pursuant to 28 U.S.C. § 2254 (Doc.1). At that time, then District Judge G. Patrick Murphy was assigned to the case. On September 24, 2009, Magistrate Judge Donald G. Wilkerson sua sponte appointed attorney Carter Collins Law to

Page 2

represent Fletcher pursuant to Local Rule 83.1(i) (Doc. 2). On September 30, 2011, the Court denied Fletcher's second amended petition and judgment reflecting the same was entered (Docs. 67 & 68). Subsequently, the Court denied a motion for objection and denied a motion to alter judgment (Doc. 71). On November 23, 2011, the Court allowed Carter Collins Law leave to withdraw as counsel for Fletcher from the case (Doc. 73). On December 8, 2011, Fletcher, pro se, filed a notice of appeal (Doc. 76). Thereafter, the Seventh Circuit issued its Mandate affirming the judgment on May 16, 2013 (Doc. 92).

Nine months after the Mandate was issued, on February 20, 2014,Carter Collins Law filed an ex parte motion to appoint counsel nunc pro tunc pursuant to 18 U.S.C. § 3006A (Doc. 95). That same day, the case was reassigned to the undersigned. On March 4, 2014, the Court granted the ex parte motion (Doc. 96).

Now before the Court is Fletcher's motion from[sic] relief from judgment or orders (Doc. 98). Fletcher "filed the instant motion pro se and such request it be liberally construed as a 60(b) motion, the motion is filed as a direct result of this court retroactive appointment of counsel to the date of September 24, 2009 under the criminal Justice...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT