Carter v. Kelley

Filing 34

ORDER denying 32 & 33 Motion for certificate of appealability. Carter's rule 60(d) motion didn't show deliberate wrongdoing amounting to fraud on the court; and this isn't a matter about which reasonable jurists would disagree. Signed by Chief Judge D. P. Marshall Jr. on 4/13/2021. (jak)

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

PETITIONER

No. 5:16-cv-367-DPM

DEXTER PAYNE, Director,
Arkansas Division of Correction*

RESPONDENT

ORDER
Motion for certificate of appealability, Doc. 32 & 33, denied.
Carter’s Rule 60(d) motion didn’t show deliberate wrongdoing
amounting to fraud on the court; and this isn’t a matter about which
reasonable jurists would disagree. Slack v. McDaniel, 529 U.S. 473,
484 (2000); 28 U.S.C. § 2253(c)(2).
So Ordered.
________________________
D.P. Marshall Jr.
United States District Judge
13 April 2021

* Dexter Payne is the Director of what is now known as the Arkansas
Division of Correction. The Court directs the Clerk to amend the
docket. FED. R. CIV. P. 25(d).