Carter v. Hobbs

Filing 53

ORDER denying 51 Motion for Certificate of Appealability. Carter's motion amounted to a second or successive habeas petition requiring preauthorization from the United States Court of Appeals for the Eighth Circuit. And in light of Gonzalez, that conclusion isn't a matter about which reasonable jurists could disagree. Signed by Chief Judge D. P. Marshall Jr. on 5/4/2020. (jak)

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

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

DEXTER PAYNE, Director,
Arkansas Division of Correction

RESPONDENT

ORDER

Motion, Doc. 51, denied. Carter's motion amounted to a second
or successive habeas petition requiring preauthorization from the
United States Court of Appeals for the Eighth Circuit.
§ 2244(b)(3)(A);

28 U.S.C.

Gonzalez v. Crosby, 545 U.S. 524, 530-32 & n.5 (2005);

Ward v. Norris, 577 F.3d 925, 932-34 (8th Cir. 2009). And in light of
Gonzalez, that conclusion isn't a matter about which reasonable jurists
could disagree. Slack v. McDaniel, 529 U.S. 473, 484 (2000).
So Ordered.
D .P. Marshall}~
United States District Judge