Bell v. Bowersox

Filing 69

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that petitioner's motions for reconsideration [ECF Nos. 67 , 68 ] are DENIED with prejudice. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. Signed by District Judge E. Richard Webber on 01/22/2015. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KENNETH BELL,

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Petitioner,
v.
MICHAEL BOWERSOX,
Respondent,

No. 4:97CV00324 ERW

MEMORANDUM AND ORDER
Petitioner moves for reconsideration of the Court’s Order denying his motion under Rule
60(b) of the Federal Rules of Civil Procedure. Petitioner argues that § 2254’s prohibition on
bringing freestanding claims for ineffectiveness of postconviction counsel is unconstitutional,
and he wishes to reopen the case for the purpose of litigating such claims. The request is
frivolous. Petitioner cannot bring new claims for habeas relief without first receiving permission
from the Court of Appeals. 28 U.S.C. § 2244(b).
Accordingly,
IT IS HEREBY ORDERED that petitioner’s motions for reconsideration [ECF Nos. 67,
68] are DENIED with prejudice.
IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability.
So Ordered this 22nd day of January, 2015.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE