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429 F.3d 1194

Docket No. 05-4090.

Nance v. Norris

Eighth Circuit Court of Appeals

Submitted: Nov. 22, 2005.

Filed: Nov. 22, 2005.

Rehearing and Rehearing En Banc Denied Nov. 28, 2005.*

Eighth Circuit Court of Appeals · decided 2005-11-22

Cited by 1 later decisions — most recently November 2005

1 federal appellate ·

3 counsel of record

Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996)

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 2005-11-22

View the full empirical analysis of this case →

¶1Bruce David Eddy, Federal Public Defender’s Office, Craig Lambert, Little Rock, AR, for Petitioner/Appellee.

¶2Eric Randall Nance, Grady, AR, pro se.

¶3Kelly Kristine Hill, Attorney General’s Office, Little Rock, AR, for Respondent/Appellant.

¶4Before ARNOLD, BEAM, and MELLOY, Circuit Judges.

¶6PER CURIAM.

¶7Before the court is respondent’s motion to vacate a stay of execution entered by the district court. We grant the motion and vacate the stay.

¶8On November 14, 2005, petitioner filed a pleading captioned “Petition for Writ of Habeas Corpus” accompanied by a motion for stay of execution. The district court construed the petition as a requested amendment to the previously filed1 peti*1195tion in district court, case number: 5:00-CV-00339 (“CV-00339”). The district court, after making findings of fact and conclusions of law, granted a motion to amend the habeas corpus petition, and granted the stay of execution.

¶9On January 24, 2005, petitioner filed a petition to remand in CV:00339 seeking the same relief sought in the present filings. Construing the motion to remand as a motion to file a successive 28 U.S.C. § 2244 habeas petition, we denied the motion. We view the present filings as yet another attempt to avoid the requirements of 28 U.S.C. § 2244(b)(3)(A).

¶10Accordingly, we deny a motion for interlocutory appeal, vacate the district court’s stay of execution and dismiss the petition for habeas corpus.

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