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Carter v. Kelley, 5:10-cv-346-DPM. (2019)

Court: District Court, E.D. Arkansas Number: infdco20191023747 Visitors: 24
Filed: Oct. 18, 2019
Latest Update: Oct. 18, 2019
Summary: ORDER D.P. MARSHALL, JR. , District Judge . The Court refers Carter's new motion, N o 42, to Magistrate Judge Ray for a recommendation. The Court would particularly appreciate Judge Ray's thoughts on whether Carter's Rule 60 motion is, in substance, a second or successive habeas petition. Gonzalez v. Crosby, 545 U.S. 524 , 528-32 (2005); Ward v. Norris, 577 F.3d 925 , 932-33 (8th Cir. 2009). So Ordered. FootNotes * Wendy Kelley is the current director of the Arkansas De
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ORDER

The Court refers Carter's new motion, No 42, to Magistrate Judge Ray for a recommendation. The Court would particularly appreciate Judge Ray's thoughts on whether Carter's Rule 60 motion is, in substance, a second or successive habeas petition. Gonzalez v. Crosby, 545 U.S. 524, 528-32 (2005); Ward v. Norris, 577 F.3d 925, 932-33 (8th Cir. 2009).

So Ordered.

FootNotes


* Wendy Kelley is the current director of the Arkansas Department of Correction. The Court directs the Clerk to amend the docket accordingly.
Source:  Leagle

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