Acevedo-Munoz v. United States of America, No. 2:2012cv00198 - Document 13 (D. Wyo. 2017)
Court Description: OPINION and ORDER by the Honorable Alan B Johnson denying 9 Motion Seeking Relief from the Judgment (Court Staff, sth) Modified on 8/16/2017 (Court Staff, sth). Mailed to Plaintiff on this date.
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Acevedo-Munoz v. United States of America Doc. 13 r.-it t t- lU OiS,RIC: CF 2017 Ab'G 16 STtr 10 F/,:A\1S, clerk CHEYENNE IN THE UNITED STATES DIS TRICT COURT FOR THE DISTRICT OF WYOMING DAGOBi-RTO ACEVEDO-MIJNO/. ainlifRs), Case No. 12-CV-00I98-.I vs. UNTH-:!) S TA TES OF AMl-RlCA. Dcrcndant(s). OPINION AND ORi)p:R On I'ebruao' 27. 2015. DagobcrloAcevedo-Muno/("Defendant")filed a motion under Rules 60(b)(6) and 60(d)(1). Fed.R.Civ.P. whieh sought to set aside the court's .luly 1. 2013 order denying as untimely defendant's previous motion under 28 U.S.C.§ 2255(Dkt. 119)[Rule 60 molionj and (Dkt. //7. 8)[denying defendant's § 2255 motion as untimely]. Defendant contends that his retained counsel misled him by not responding to inquiries as to a possible appeal and that the court erred in refusing to excuse defendant's late filing ofthe § 2255 motion as untimely. Nearly two years after the order denying defendant's § 2255 motion as untimely was filed, the Rule 60 motion that now concerns the court was filed. BACKGROUND Dockets.Justia.com
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