Bell v. Griffith

Filing 9

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioners motion to alter or amend judgment document number 7 is DENIED. IT IS FURTHER ORDERED that any application for certificate of appealability shall be denied. Signed by District Judge Rodney W. Sippel on 5/20/16. (CAR)

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

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Petitioner,
v.
CINDY GRIFFITH,
Respondent.

No. 4:16CV440 RWS

MEMORANDUM AND ORDER
This matter is before the Court on petitioner=s motion to alter or amend the judgment in
this action “and to correct clerical mistake.”

After reviewing petitioner’s motion in its

entirety, his motion will be denied.
Petitioner brought the present action seeking relief from his 1993 conviction for
first-degree murder and the resulting sentence of life without parole for that offense. Petitioner
challenged the same judgment of conviction and sentence in a prior habeas action in this Court
in Bell v. Kemna, 4:97CV324 DJS (TIA) (E.D.Mo.), in 1997. Pursuant to 28 U.S.C. § 2244,
this Court has no choice but to dismiss this action until such time as the Eighth Circuit Court of
Appeals grants petitioner certification to bring a second or successive habeas corpus in this
Court. As such, petitioner’s request to alter or amend the judgment will be denied.
Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion to alter or amend judgment
document number [7] is DENIED.

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IT IS FURTHER ORDERED that any application for certificate of appealability shall
be denied.
Dated this 20th day of May, 2016.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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