Case: 5:93-cr-00237-DDD Doc #: 387 Filed: 10/22/13 1 of 2.

PageID #: 416

DOWD, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION David Lincoln Hyatt, Petitioner, v. United States of America, Respondent. ) ) ) ) ) ) ) ) ) )

CASE NO. 5:93 CR 237

ORDER

In a pleading filed on June 3, 2013 (ECF 381), the petitioner alleges that he is terminally ill with Stage IV adenocarcinoma of the prostate, the Oncologist reports his prognosis is poor. The Court notes that the petitioner did not kill anyone even though he is serving a life sentence. Against that background, the Court would have no objection if the Bureau of Prisons, upon the determination that the petitioner is terminally ill with cancer, to a release of the petitioner. The petitioner has requested relief from his life sentence pursuant to Federal Rule of Civil Procedure 60(b)(1), 60(b)(3), 60(b)(4) and 60(b)(6). The government has responded in opposition to the petitioners brief (ECF 384). For the reasons set forth in the governments brief, the Court finds that the petitioner is not entitled to relief. The Court further finds that the petitioners motion is a second or successive petition

Case: 5:93-cr-00237-DDD Doc #: 387 Filed: 10/22/13 2 of 2. PageID #: 417

(5:93 CR 237) under 28 U.S.C. 2255 which must first be presented to the Sixth Circuit Court of Appeals. As a consequence, the petitioners motion for relief is denied. The clerk is directed to mail a copy of this order to the petitioner as it appears on his pleadings. IT IS SO ORDERED.

October 22, 2013 Date

/s/ David D. Dowd, Jr. David D. Dowd, Jr. U.S. District Judge