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)

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..

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