Allaway v. Bennet, et al
||Robert Allaway, IV
||Hon. Eliot Spitzer and Floyd Bennet, Jr.
||October 31, 2013
||US District Court for the Eastern District of New York
||Jack B. Weinstein
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28:2254 Petition for Writ of Habeas Corpus (State)
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|October 31, 2013
MEMORANDUM, ORDER, AND JUDGMENT: Petitioner moves "pursuant to Rule 60(b)(3) (4) of the Federal Rules of Civil Procedure to [set] aside the judgment [of August 2, 2003 (docket entry 17 )] for fraud on the Court and void judgment.... " Se e Petition dated August 20, 2013, received in prose office October 21, 2013. The original petition was dismissed with a full opinion. See docket entry 17 . There was apparently no appeal. The entirely new claim of petitioner is apparently that the State trial judge appointed as trial counsel a lawyer engaged in a political campaign who did not wish to serve. This is a second habeas corpus application. Permission to bring it must be obtained from the court of Appeals of the Second Circuit. See 28 U.S.C. § 2244(b)(1). This second petition is dismissed. Ordered by Judge Jack B. Weinstein, on 10/28/2013. (Barrett, C)
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