Carter v. Hobbs

Filing 44

ORDER referring 42 Motion to Magistrate Judge Ray for a recommendation. Signed by Chief Judge D. P. Marshall Jr. on 10/18/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
NICKOLE. CARTER
ADC #146315
v.

PETITIONER
No. 5:10-cv-346-DPM

WENDY KELLEY,* Director,
Arkansas Department of Correction

RESPONDENT

ORDER

The Court refers Carter's new motion, NQ 42, to Magistrate Judge
Ray for a recommendation. The Court would particularly appreciate
Judge Ray's thoughts on whether Carter's Rule 60 motion is, in
substance, a second or successive habeas petition. Gonzalez v. Crosby,
545 U.S. 524, 528-32 (2005);

Ward v. Norris, 577 F.3d 925, 932-33

(8th Cir. 2009).
So Ordered.

v

D .P. Marshall Jr.
United States District Judge

*
Wendy Kelley is the current director of the Arkansas Department
of Correction. The Court directs the Clerk to amend the docket
accordingly.