Foreman v. Norris

Filing 22

ORDER transferring 21 MOTION to the United States Court of Appeals for the Eighth Circuit. Signed by Judge D. P. Marshall Jr. on 3/17/2017. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION EVERETT FOREMAN ADC #102271 v. PETITIONER No. 5:99-cv-390-DPM WENDY KELLEY, Director, Arkansas Department of Correction RESPONDENT ORDER This Court denied Foreman's Rule 60 motion for lack of jurisdiction because the paper was, at its core, a successive habeas petition. Ng 20. The Court also said that he needed permission from the Court of Appeals to press new claims now. Ibid. Foreman took the hint and sent the Court of Appeals a motion to file new claims here. The Clerk of the Court of Appeals marked that motion as "received" and returned it to this Court; and the Clerk of this Court has filed the paper as a motion. Ng 21. Boyd v. Un ited States, 304 F.3d 813 (8th Cir. 2002), holds that, in these circumstances, this Court can either dismiss for want of jurisdiction or transfer the motion to the Court of Appeals. Foreman is doing the best he can to get a merits ruling on whether he can make new habeas claims. So the Court transfers his motion to the Court with power to make that call. Motion, Ng 21, transferred to the United States Court of Appeals for the Eighth Circuit. So Ordered. D.P. Marshall Jr. United States District Judge J 7 10~c..t.. -2- ~017

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