Crain v. Hobbs

Filing 23

ORDER denying 21 Motion for a certificate of appealability. Signed by Judge D. P. Marshall Jr. on 7/17/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KENNETH CRAIN
ADC# 147861

PETITIONER
No. 5:13-cv-341-DPM

v.

WENDY KELLEY, Director, ADC*

RESPONDENT

ORDER

Crain' s motion for a certificate of appealability, NQ 21, is denied.
Crain' s Sasser and actual innocence arguments don' t warrant Rule 60(b)
relief; and this isn't a matter about which reasonable jurists would
disagree.

NQ 20;

28 U.S.C. § 2253(c)(1)-(2);

Slack v. McDaniel,

529 U.S. 473,484 (2000). If Crain wants to appeal, then he must request
a certificate from the United States Court of Appeals for the Eighth
Circuit. 28 U.S.C. § 2253(c).
So Ordered.
D.P. Marshall Jr.
United States District Judge

*
Wendy Kelley is the current director of the Arkansas Department
of Correction. The Court directs the Clerk to amend the docket. F ED. R.
CIV. P. 25(d).