Gonder v. Hobbs

Filing 65

ORDER denying 64 Motion. Signed by Judge D. P. Marshall Jr. on 1/8/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DUANE J. GONDER
ADC #147996
v.

PETITIONER
No. 5:12-cv-186-DPM

WENDY KELLEY, Director, Arkansas
Department of Correction

RESPONDENT

ORDER

Gonder again argues that his habeas lawyer - recently suspended
by this Court-committed fraud on the Court during Gander's habeas
proceedings. Gonder wants relief from the Judgment and a hearing so
he can show how his lawyer failed him. As this Court previously held,
though, Gonder can't raise or reargue any" claim" - including one about
how his habeas lawyer failed him-unless the United States Court of
Appeals for the Eighth Circuit gives him permission to file a second or
successive habeas petition. NQ 45 & NQ 48. The recent suspension does
not affect that conclusion. Gonder' s motion, NQ 64, is therefore denied.
So Ordered.
v-

D.P. Marshall Jr.
United States District Judge