Makkali v. Payne

Makkali v. Payne

Case Number:	5:1995cv00550
Filed:	May 11, 2022
Court:	US District Court for the Eastern District of Arkansas
Office:	Pine Bluff Division (No new cases filed in this division after November 2019.) Office
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
May 11, 2022	Filing 39 ORDER granting 37 Motion for leave to amend. Makkali's Rule 60(b) motion is a successive habeas petition because he has filed multiple 28 U.S.C. § 2254 petitions challenging his 1992 convictions. Makkali must seek and get permission from the United States Court of Appeals for the Eighth Circuit before this Court can proceed. 31 Motion, as amended, will be dismissed without prejudice for lack of jurisdiction. No certificate of appealability will issue. All other pending motions, [2 9], 34 , 36 , & 38 , are denied as moot. The Court directs the Clerk to change the style of the case to reflect Makkali's new name and to indicate that Dexter Payne, the current Director of the Arkansas Division of Correction, is the respondent. Signed by Chief Judge D. P. Marshall Jr. on 5/11/2022. (jak)

Date Filed

Document Text

May 11, 2022

Filing 39 ORDER granting 37 Motion for leave to amend. Makkali's Rule 60(b) motion is a successive habeas petition because he has filed multiple 28 U.S.C. § 2254 petitions challenging his 1992 convictions. Makkali must seek and get permission from the United States Court of Appeals for the Eighth Circuit before this Court can proceed. 31 Motion, as amended, will be dismissed without prejudice for lack of jurisdiction. No certificate of appealability will issue. All other pending motions, [2 9], 34 , 36 , & 38 , are denied as moot. The Court directs the Clerk to change the style of the case to reflect Makkali's new name and to indicate that Dexter Payne, the current Director of the Arkansas Division of Correction, is the respondent. Signed by Chief Judge D. P. Marshall Jr. on 5/11/2022. (jak)

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