O'Neall v. Minor

Filing 40

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner Patrick Thomas O'Neall's motion for relief under Rule 60(b) is DENIED. ECF No. 39 . Signed by District Judge Audrey G. Fleissig on 10/16/2020. (AFC)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PATRICK THOMAS O’NEALL,
Petitioner,
v.
DEAN MINOR,
Respondent.

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Case No. 4:17-cv-01297-AGF

MEMORANDUM AND ORDER
This matter is before the Court on the pro se motion of habeas Petitioner Patrick
Thomas O’Neall “for leave to file Rule 60(b) demand for law hearing due to
inadvert[e]nce, mistake of fact, and fraud involving this Court’s Memorandum and Order
of Judgment issued on September 14, 2020 denying any and all relief and denying any
certificate of appe[a]lability to Petitioner in this case.” ECF No. 39 at 1. Respondent has
not responded to the motion, and the time to do so has passed.
In his motion, Petitioner asserts that legal documents from his state court
proceedings have been withheld in bad faith from this Court, and he seeks 90 days within
which to produce such documents. Id. at 2. However, Petitioner does not explain what
documents were withheld, why he could not have produced them earlier, or how they
would have changed the Court’s analysis.
The Court gave careful consideration to the arguments Petitioner presented in his
habeas petition, and the Court continues to believe that Petitioner is not entitled to relief
for the reasons previously stated.

Accordingly,
IT IS HEREBY ORDERED that Petitioner Patrick Thomas O’Neall’s motion for
relief under Rule 60(b) is DENIED. ECF No. 39.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 16th day of October, 2020.

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