Filed: Jan. 30, 2020
Latest Update: Jan. 30, 2020
Summary: ORDER D.P. MARSHALL, JR. , District Judge . On de nova review, the Court adopts Magistrate Judge Ray's careful recommendation, No. 45, and overrules Carter's objections, No. 48. FED. R. CIV. P. 72(b)(3). Regardless of how it's framed, Carter's motion raises "claims." Gonzalez v. Crosby, 545 U.S. 524 , 530-32 & n.5 (2005); see also Ward v. Norris, 577 F.3d 925 , 932-34 (8th Cir. 2009). It is therefore a second or successive habeas petition; and Carter must seek and get permissi
Summary: ORDER D.P. MARSHALL, JR. , District Judge . On de nova review, the Court adopts Magistrate Judge Ray's careful recommendation, No. 45, and overrules Carter's objections, No. 48. FED. R. CIV. P. 72(b)(3). Regardless of how it's framed, Carter's motion raises "claims." Gonzalez v. Crosby, 545 U.S. 524 , 530-32 & n.5 (2005); see also Ward v. Norris, 577 F.3d 925 , 932-34 (8th Cir. 2009). It is therefore a second or successive habeas petition; and Carter must seek and get permissio..
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ORDER
D.P. MARSHALL, JR., District Judge.
On de nova review, the Court adopts Magistrate Judge Ray's careful recommendation, No. 45, and overrules Carter's objections, No. 48. FED. R. CIV. P. 72(b)(3). Regardless of how it's framed, Carter's motion raises "claims." Gonzalez v. Crosby, 545 U.S. 524, 530-32 & n.5 (2005); see also Ward v. Norris, 577 F.3d 925, 932-34 (8th Cir. 2009). It is therefore a second or successive habeas petition; and Carter must seek and get permission from the United States Court of Appeals for the Eighth Circuit before this Court can proceed. 28 U.S.C. § 2244(b)(3)(A). The motion, No. 42, will therefore be dismissed without prejudice for lack of jurisdiction. No certificate of appealability will issue. 28 U.S.C. § 2253(c)(1)-(2).
So Ordered.
