Hawkins v. Lubbers
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Petitioner's Motion for "Relief of Clerical Mistake Federal Rule 60(a)" [ECF No. 23 ] is DISMISSED. IT IS FURTHER ORDERED that a certificate of appealability shall not issue. IT IS FURTHER ORDERED that Petitioner's Motion for Leave to Proceed In Forma Pauperis [ECF No. 25 ] is DENIED as MOOT. Signed by District Judge E. Richard Webber on 08/31/2012. (CBL)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
Case No. 4:02CV00793 ERW
MEMORANDUM AND ORDER
This matter comes before the Court on Petitioner Broderick Hawkins’s Motion for “Relief
of Clerical Mistake Federal Rule 60(a)” [ECF No. 23]. On January 24, 2003, the Court dismissed
Petitioner’s Petition for Habeas Corpus as time-barred. ECF No. 7. The Court denied a certificate
of appealability. Id. On February 12, 2003 and April 1, 2003, the Court denied motions for relief
from clerical mistakes in the Court’s January 24, 2003 Order. ECF Nos. 9 & 17. Petitioner’s current
filing seeks the same review of “clerical mistakes,” which is really just a motion for reconsideration
of the Court’s finding that his first habeas petition was time-barred. Even though the pending motion
mentions a recent United States Supreme Court case, Martinez v. Ryan, --- U.S. ---, 132 S.Ct. 1309
(2012), it is successive to these previous filings. Under 28 U.S.C. § 2244(b)(1), “[a] claim presented
in a second or successive habeas corpus application under section 2254 that was presented in a prior
application shall be dismissed.” Therefore, this matter will be summarily dismissed.
IT IS HEREBY ORDERED that Petitioner’s Motion for “Relief of Clerical Mistake
Federal Rule 60(a)” [ECF No. 23] is DISMISSED.
IT IS FURTHER ORDERED that a certificate of appealability shall not issue.
IT IS FURTHER ORDERED that Petitioner’s Motion for Leave to Proceed In Forma
Pauperis [ECF No. 25] is DENIED as MOOT.
Dated this 31st day of August, 2012.
E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE
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