Jones v. Hobbs

Filing 29

ORDER dismissing Joe McKinley Jones's 28 Amended Habeas Corpus Petition. No certificate of appealability will be issued. Signed by Judge J. Leon Holmes on 7/7/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

JOE MCKINLEY JONES, ADC #108478
v.

PETITIONER

No. 5:13CV00063 JLH

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

Joe McKinley Jones filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254
on February 26, 2013. The Court dismissed the petition as untimely under 28 U.S.C. § 2241(d) and
denied a certificate of appealability. On February 20, 2015, the United States Court of Appeals for
the Eighth Circuit denied a certificate of appealability and dismissed Jones’s appeal. The mandate
was issued on March 16, 2015.
More than a year later, Jones has now filed an “Amended Habeas Corpus Petition” in which
he requests the Court to permit him to amend his habeas petition based on newly discovered
evidence.
This case is closed. Nothing in the rules permits an amended petition after the initial petition
has been dismissed and all appeals have been exhausted. If Jones wishes to file a new petition, he
must obtain permission from the United States Court of Appeals for the Eighth Circuit to file a
second or successive habeas corpus petition. See 28 U.S.C. § 2241(b).
Joe McKinley Jones’s “Amended Habeas Corpus Petition” is DISMISSED. Document #28.
No certificate of appealability will be issued.
IT IS SO ORDERED this 7th day of July, 2016.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE