Gonder v. Hobbs

Filing 65

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

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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

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