Heard v. Hobbs

Filing 12

ORDER denying pltf's 11 Motion for Reconsideration. Signed by Judge Susan Webber Wright on 5/16/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DEMETRIUS LETRON HEARD
ADC #601345
VS.

PETITIONER

CASE NO: 5:12CV00091 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. #11] in this case.
IT IS SO ORDERED, this 16th day of May 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE