Motion of Relief from Judgment

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LDF Attorney
- Lani Guinier
Organization
- NAACP Legal and Educational Defense Fund, Inc.
Matter
- Bozeman v. Lambert
Case
- Bozeman v. Lambert
U.S. state
- Alabama
Collection
- Case Files
Taxonomy
Identifier
- 59442427-ed92-ee11-be37-6045bdeb8873

Cite this item

Case Files, Bozeman v. Lambert and Wilder v. Lambert Court Documents. Motion of Relief from Judgment, 1984. 59442427-ed92-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/ede822e8-a5db-4673-947e-3f6d97068c9b/motion-of-relief-from-judgment. Accessed April 06, 2025.

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    vs.

EAL0N M. IAMBERT, et &1.,

Responclents.

IN THE UNITED STATES .DISTRICT COURT FOR
THE MIDDI,E DISTRICT, OF AI,ABAMA

NORTHERN DIVISION

MAGGIE S. BoZEMAN,

Petitioner,

MOTION FOR RE],IEF FROM JUDGMENT

Respontlents move this Honorable Court to vaeate antl set

asicle the final judgment entered in this eause on Aprll 15,

1984 and to clismiss the Petition against the respontlents in

that it now appears that this Court lackecl juristliction to

enter saitl f inal judgment. As grountls, respondents show as

follows:

1. This motion is matle pursuant to Rule 60(b) of the

Federal Rules of C1vil Proceclure, specifically 50(b)(t;'

Go(b) (4), 50(b) (r) anct 50(b) (5).

2. This is a Habeas Corpus proceecling pursuant to 28

U.S.C. 52241 et. seq.

3. An application for a Writ of Habeas Corpus must

a11ege the name of the applicant's custodian. 28 U.S.C. $

2242. The writ or the orcler to show eause must be dlrectetl

crvlr ACtIoN N0. 8r-H-579-N



to the petltloner's custodj.an. 2nU.S.C. $2241. The writ
may not issue unless the petitioner is in custody. 28 U.S.C.

$zzU .

4. In this case, the petitioner mistakenly names as

respondents Ealon trambert, Jack Lufkin, John Porter, and Tecl

Butler. Mr. Butler is a parole officer; the other three are

the members of the Boartl of Pardons antl Paroles.

5. A prisoner of the State of Alabama, although on

parole, renains ln the 1ega1 eustody of the warden of the

prison fron whieh he is parolecl until the expiration of the

term of his sentence. $15-22-26 of the Cotte of Alabama,

1g'15.

6. Neither the warden of the pri.son nor any sheriff nor

any police ehief was ever namecl as respondent nor servetl with

proeess in thls actlon. Neither did the proper eustotlian

enter an appearance in this cause.

7. lfhere the petitioner's custodian ls not nametl or

servetl with process and cloes not appear to tlefentl, the court

is without jurisdiction to enter an ortler granting the urit
of habeas eorpus.

8. A brief in support of this motion will be filed vith
this court tomorrow.



trHEREFORE, reeponflents move thle Honorable Court to

vacate ancl set aslde the Judguent grantlng the vrlt of habeas

corpus; ancl to tllenlss the petltlon baeetl upon the p).eadlnge;

or to dlrect the petltloner to amentl the appllcatlon or

otherwlse obtaln eervlce upon the custotll.an; or for such

other rellef as le proper ancl Just.
Respectfully eubnlttetl thla E day of June, I984.

DISTRICT
A[TORNEY

IEY
RESPONDENTS

(

A[T
FOR

,



CERTIFICATE OF SERVICE

I hereby certify that I have this l& ary of June,

1984, Bervetl a copy of the foregoing on the attorneys for the

Petitioner by placing sane in the United States mall, poetage

prepaltl and atltlressetl as follows:

Vanzetta Penn Durant
Attorney at l,aw
659 Ua*ha Street
Montgomery, AL 36104

Iani Guinier
Attorney at I,aw
99 Hudson Street
15th I'loor
New York, NY '1001,

ADDRESS OF COUNSEI:

e/o Attorney General's Annex
569 South lawrence Street
Montgom€ry, Alabama 55104
(zos) ltl-alst

4

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Motion of Relief from Judgment

LDF Attorney

Organization

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

Additional info

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