Eric Randall Nance v. Larry Norris, Director, Arkansas Department of Correction

Eighth Circuit

Eric Randall Nance v. Larry Norris, Director, Arkansas Department of Correction

429 F.3d 809, 2005 U.S. App. LEXIS 26165, 2005 WL 3179927

Court of Appeals for the Eighth Circuit·Decided November 28, 2005·No. 05-4135·Published·Cited by 1 cases

Opinions

PER CURIAM.

On January 24, 2005, petitioner filed a motion to remand his previously denied petition for writ of habeas corpus. The motion sought substantially the same relief as requested in the motion presently before the court. We construed the pleading as a second or successive habeas petition and denied the motion on February 9, 2005, for failure to meet the requirements of 28 U.S.C. § 2244(b)(2).

Now before the court is petitioner’s further motion for stay of execution, and motion for leave to file a successive habeas corpus petition again asserting substantially the same relief as previously requested. Because petitioner cannot satisfy the requirements of 28 U.S.C. § 2244(b)(2), we deny the motions.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

On January 24, 2005, petitioner filed a motion to remand his previously denied petition for writ of habeas corpus. The motion sought substantially the same relief as requested in the motion presently before the court. We construed the pleading as a second or successive habeas petition and denied the motion on February 9, 2005, for failure to meet the requirements of 28 U.S.C. § 2244(b)(2).

Now before the court is petitioner’s further motion for stay of execution, and motion for leave to file a successive habeas corpus petition again asserting substantially the same relief as previously requested. Because petitioner cannot satisfy the requirements of 28 U.S.C. § 2244(b)(2), we deny the motions.

Eric Randall Nance v. Larry Norris, Director, Arkansas Department of Correction, 429 F.3d 809, 2005 U.S. App. LEXIS 26165, 2005 WL 3179927 (8th Cir. 2005).

Pincite

429 F.3d 809 (Eric Randall Nance v. Larry Norris, Director, Arkansas Department of Correction) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinions

Related