Bell v. Griffith, 4:16CV440 RWS. (2016)
Court: District Court, E.D. Missouri
Number: infdco20160523938
Visitors: 18
Filed: May 20, 2016
Latest Update: May 20, 2016
Summary: MEMORANDUM AND ORDER RODNEY W. SIPPEL , District Judge . This matter is before the Court on petitioner's motion to alter or amend the judgment in this action "and to correct clerical mistake." After reviewing petitioner's motion in its entirety, his motion will be denied. Petitioner brought the present action seeking relief from his 1993 conviction for first-degree murder and the resulting sentence of life without parole for that offense. Petitioner challenged the same judgment of convict
Summary: MEMORANDUM AND ORDER RODNEY W. SIPPEL , District Judge . This matter is before the Court on petitioner's motion to alter or amend the judgment in this action "and to correct clerical mistake." After reviewing petitioner's motion in its entirety, his motion will be denied. Petitioner brought the present action seeking relief from his 1993 conviction for first-degree murder and the resulting sentence of life without parole for that offense. Petitioner challenged the same judgment of convicti..
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MEMORANDUM AND ORDER
RODNEY W. SIPPEL, District Judge.
This matter is before the Court on petitioner's motion to alter or amend the judgment in this action "and to correct clerical mistake." After reviewing petitioner's motion in its entirety, his motion will be denied.
Petitioner brought the present action seeking relief from his 1993 conviction for first-degree murder and the resulting sentence of life without parole for that offense. Petitioner challenged the same judgment of conviction and sentence in a prior habeas action in this Court in Bell v. Kemna, 4:97CV324 DJS (TIA) (E.D.Mo.), in 1997. Pursuant to 28 U.S.C. § 2244, this Court has no choice but to dismiss this action until such time as the Eighth Circuit Court of Appeals grants petitioner certification to bring a second or successive habeas corpus in this Court. As such, petitioner's request to alter or amend the judgment will be denied.
Accordingly,
IT IS HEREBY ORDERED that petitioner's motion to alter or amend judgment document number [7] is DENIED.
IT IS FURTHER ORDERED that any application for certificate of appealability shall be denied.
Source: Leagle
