Jones v. Kelley

Filing 9

ORDER denying 3 Motion to appoint counsel and denying without prejudice 1 Motion for leave to proceed in forma pauperis. The Court adopts the 6 Recommendation and overruled 7 Objections. The petition will be dismissed without prejudice and no certificate of appealability will issue. 8 Motion is denied without prejudice. Signed by Judge D. P. Marshall Jr. on 5/15/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOE McKINLEY JONES, JR.
ADC #108478

v.

PETITIONER

No. 5:18-cv-102-DPM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
1. Motion to appoint counsel, Ng 3, denied.

represented himself thus far;

Jones has ably

and neither the facts nor the claims are

complex enough to warrant appointed counsel.

Plummer v. Grimes,

87 F.3d 1032, 1033 (8th Cir. 1996).
2. On de nova review, the Court adopts the recommendation, Ng 6,

and overrules Jones's objections, Ng 7.
Jones' s petition is a successive one;

FED. R. Crv. P. 72(b)(3).

he can't file it without permission

from the United States Court of Appeals for the Eighth Circuit.

And

if Jones wants to request a writ of error coram nobis, NQ 7 at 1 & 3, this

Leggett v. Arkansas, 231 Ark. 13, 17, 328

Court lacks jurisdiction.
S.W.2d 252, 255 (1959).

Jones's motion for leave to proceed in forma

pauperis, Ng 1, is denied.
prejudice.

His petition will be dismissed without

No certificate of appealability will issue. 28 U.S.C.

§ 2253(c)(1)-(2).

3. This Court doesn't have the authority to extend the deadline
for filing a petition for a writ of certiorari. SUP. CT. R. 13(5). Motion,
NQ 8, denied without prejudice.

So Ordered.
(/

D.P. Marshall Jr.
United States District Judge

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