Kessel v. Dooley et al

Filing 9

ORDER denying 8 Motion for Reconsideration. Signed by Judge Richard F. Cebull on 9/30/2011. Mailed to Kessel. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
JOHN KESSEL,

Petitioner,

v.

)
)
)
)
)
)

ROBERTDOOLEY;ATTORNEY)
GENERALOFTHESTATEOF )
MONTANA,
)

Respondents.

F'tLED
81 Ll.1 NGSOl V

2011 SfP 30 p
.
fl 2 38

PA TRICK. - ,
E. DUFF,'

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Cause No. CV-11-3sBB.ll::B!C
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ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS OF
U.S. MAGISTRATE JUDGE

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)

-----------------------)
Petitioner has moved the Court to reconsider its Order dismissing his § 2254
habeas petition for lack ofjurisdiction because it is an unauthorized second or
successive petition. Doc. 8. First, the motion must be denied because judgment
has already been entered, because Petitioner did not seek leave of Court before
filing the motion, and because there is no cause for reconsideration since neither
the material facts nor the applicable law have changed, see Local Rule 7.3 ..
Morever, even if the procedural prerequisites were satisfied, nothing can change
the fact that this Court lacks jurisdiction over this case because it is a second or
successive petition challenging the same conviction.

1

The motion for reconsideration (doc. 8) is DENIED. This Court will not
consider any further filings by Petitioner in this case.

SO ORDERED.~"

DATED this

3£-

day of September, 2.09"
//

RICHARD F. CEBULL
UNITED STATES DISTRICT JUDGE

2