Heard v. Hobbs

Filing 10

ORDER denying pltf's 9 Motion for Reconsideration. Signed by Judge Susan Webber Wright on 5/15/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DEMETRIUS LETRON HEARD ADC #601345 VS. PETITIONER CASE NO.: 5:11CV000218 SWW/BD RAY HOBBS, Director, Arkansas Department of Correction RESPONDENT ORDER Petitioner has filed an identical Rule 60(b) motion for reconsideration in three separate cases: No. 5:11-cv-00216-JJV, No. 5:11-cv-00218-SWW, and No. 5:12-cv-00091-SWW. In Case No. 5:11-cv-00216-JJV, Judge Volpe ruled as follows on petitioner’s Rule 60(b) motion for reconsideration: Before the Court is Petitioner’s Rule 60(b) Motion for Reconsideration (Doc. No. 13). Rule 60(b) of the Federal Rules of Civil Procedure permits federal habeas petitioners to seek relief from a final judgment in only a few limited circumstances. FED. R. CIV. P. 60(b). Here, Petitioner challenges the Court’s dismissal of his Petition as time barred by contending the United States Supreme Court’s recent decision in Martinez v. Ryan, 132 S.Ct. 1309 (2012) constitutes an extraordinary circumstance to allow this Court to equitably toll the one-year limitations period. (Id.) After considering Petitioner’s argument, the Court finds that the holding in Martinez in no way relates to timeliness of a federal habeas petition. Consequently, Petitioner’s Motion for Reconsideration (Doc. No. 13) is denied. For the reason’s stated by Judge Volpe in Case No. 5:11-cv-00216-JJV, the Court denies petitioner’s identical Rule 60(b) motion for reconsideration [doc.#9] in this case. IT IS SO ORDERED, this 15th day of May 2012. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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