BELL v. BOWERSOX, 4:97CV00324 ERW. (2015)
Court: District Court, E.D. Missouri
Number: infdco20150123c58
Visitors: 18
Filed: Jan. 22, 2015
Latest Update: Jan. 22, 2015
Summary: MEMORANDUM AND ORDER E. RICHARD WEBBER, Senior District Judge. Petitioner moves for reconsideration of the Court's Order denying his motion under Rule 60(b) of the Federal Rules of Civil Procedure. Petitioner argues that 2254's prohibition on bringing freestanding claims for ineffectiveness of postconviction counsel is unconstitutional, and he wishes to reopen the case for the purpose of litigating such claims. The request is frivolous. Petitioner cannot bring new claims for habeas relief w
Summary: MEMORANDUM AND ORDER E. RICHARD WEBBER, Senior District Judge. Petitioner moves for reconsideration of the Court's Order denying his motion under Rule 60(b) of the Federal Rules of Civil Procedure. Petitioner argues that 2254's prohibition on bringing freestanding claims for ineffectiveness of postconviction counsel is unconstitutional, and he wishes to reopen the case for the purpose of litigating such claims. The request is frivolous. Petitioner cannot bring new claims for habeas relief wi..
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MEMORANDUM AND ORDER
E. RICHARD WEBBER, Senior District Judge.
Petitioner moves for reconsideration of the Court's Order denying his motion under Rule 60(b) of the Federal Rules of Civil Procedure. Petitioner argues that § 2254's prohibition on bringing freestanding claims for ineffectiveness of postconviction counsel is unconstitutional, and he wishes to reopen the case for the purpose of litigating such claims. The request is frivolous. Petitioner cannot bring new claims for habeas relief without first receiving permission from the Court of Appeals. 28 U.S.C. § 2244(b).
Accordingly,
IT IS HEREBY ORDERED that petitioner's motions for reconsideration [ECF Nos. 67, 68] are DENIED with prejudice.
IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability.
So Ordered.
Source: Leagle
