Stacy Shaw v. Troy Steele

Filing 17

MEMORANDUM AND ORDER re: 16 MOTION to Supplement filed by Petitioner Stacy Shaw motion is DENIED. Signed by Honorable Rodney W. Sippel on 5/21/12. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STACY SHAW,

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Petitioner,
v.
TROY STEELE,
Respondent.

Case No. 4:08CV719 RWS

MEMORANDUM AND ORDER
This matter is before me on petitioner’s “pro se motion to supplement to Rule 60(b).”
There is no Rule 60(b) motion pending in this closed habeas case, so petitioner’s motion to
supplement must be denied. To the extent this motion is construed as attempting to file a Rule
60(b) motion based upon alleged newly discovered evidence, the motion will be denied. The
alleged newly discovered evidence is a letter from the victim’s mother that was previously
provided by petitioner in support of his habeas petition. That letter was thoroughly discussed and
rejected as evidence of petitioner’s alleged innocence by Magistrate Judge Lewis M. Blanton in
his Report and Recommendations filed on June 1, 2011. I adopted that Report and
Recommendation on June 28, 2011. I continue to believe that Judge Blanton’s analysis is correct
and that petitioner is not entitled to any habeas relief based upon this letter or any other ground
advanced in his petition or this motion.
Accordingly,

IT IS HEREBY ORDERED that petitioner’s motion [#16] is denied.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 21st day of May, 2012.

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