Carter v. Kelley
Sanders M Carter |
Wendy Kelley |
5:2016cv00367 |
December 9, 2016 |
US District Court for the Eastern District of Arkansas |
Pine Bluff Office |
Jefferson |
Patricia S. Harris |
D. P. Marshall |
General |
28 U.S.C. ยง 2254 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 44 ORDER denying without prejudice 43 Motion for lack of jurisdiction. This is a second or successive habeas petition; and Carter must get permission from the United States Court of Appeals for the Eighth Circuit before this Court can proceed. No certificate of appealability will issue. Signed by Chief Judge D. P. Marshall Jr. on 5/27/2022. (jak) |
Filing 42 ORDER denying without prejudice for lack of jurisdiction 41 MOTION for Relief From Judgment. No certificate of appealability will issue. Signed by Chief Judge D. P. Marshall Jr. on 4/26/2022. (jak) |
Filing 34 ORDER denying 32 & 33 Motion for certificate of appealability. Carter's rule 60(d) motion didn't show deliberate wrongdoing amounting to fraud on the court; and this isn't a matter about which reasonable jurists would disagree. Signed by Chief Judge D. P. Marshall Jr. on 4/13/2021. (jak) |
Filing 28 ORDER adopting 26 Recommendation as modified and overruling Carter's 27 Objection. Because Carter's Brady claim is nonmaterial, his petition is a successive one; and he must get preauthorization from the United States Court of Appeal s for the Eighth Circuit to file it. The modification: given the age of this case and the potential for statute-of-limitations problems, the interests of justice favor transferring Carter's petition rather than dismissing it. The Court transfers the 2 Petition to the Court of Appeals. This transfer is immediate. Signed by Judge D. P. Marshall Jr. on 9/21/2017. (jak) |
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Plaintiff: Sanders M Carter | |
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Defendant: Wendy Kelley | |
Represented By: | Karen Virginia Wallace |
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