Res Adjudicata – Lack of Jurisdiction

By: Derek Hawkins//January 7, 2019//

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7^th Circuit Court of Appeals

Case Name: Quawntay Adams v. United States of America

Case No.: 16-2177; 16-3578; 16-4207

Officials: KANNE, ROVNER, and BARRETT, Circuit Judges.

Focus: Res Adjudicata – Lack of Jurisdiction

After losing his motion for postconviction relief under 28 U.S.C. §2255, Quawntay Adams filed a motion to reopen the proceedings in the district court under Federal Rule of Civil Procedure 60(b). Because we conclude that the motion under Rule 60(b) was merely an appeal of issues already addressed in the initial motion, it amounted to an unauthorized, second motion under 28 U.S.C. §2255 which the district court lacked jurisdiction to review. We affirm.

Affirmed

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Derek A. Hawkins is a trademark corporate counsel attorney for Harley-Davidson, where he concentrates his practice on brand protection and strategy.

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