Carter v. Kelley

Filing 28

ORDER adopting 26 Recommendation as modified and overruling Carter's 27 Objection. Because Carter's Brady claim is nonmaterial, his petition is a successive one; and he must get preauthorization from the United States Court of Appeal s for the Eighth Circuit to file it. The modification: given the age of this case and the potential for statute-of-limitations problems, the interests of justice favor transferring Carter's petition rather than dismissing it. The Court transfers the 2 Petition to the Court of Appeals. This transfer is immediate. Signed by Judge D. P. Marshall Jr. on 9/21/2017. (jak)

IN THE UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SANDERS M. CARTER
ADC #88350

PETITIONER

No. 5:16-cv-367-DPM

v.

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER

On de nova review , the Court adopts the recommendation, NQ 26,
as modified and overrules Carter's objections, NQ 27. FED. R. Crv .
P. 72(b)(3).

Because Carter's Brady claim is nonmaterial, his petition

is a successive one;

and he must get preauthorization from the

United States Court of Appeals for the Eighth Circuit to file it.

Crawford v. Minnesota, 698 F.3d 1086, 1089-90 (8th Cir. 2012) . The
modification:

given the age of this case and the potential for

statute-of-limitations

problems,

the

interests

of

justice

transferring Carter's petition rather than dismissing it.
§ 1631;

favor

28 U.S.C.

cf Boyd v. United States, 304 F.3d 813, 814 (8th Cir. 2002).

The Court therefore transfers the petition, Ng 2, to the Court of
Appeals.

This transfer is immediate.

So Ordered.
D.P. Marshall Jr.
United States District Judge

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