Eric Randall Nance, Petitioner/appellee, v. Larry Norris, Director, Arkansas Department of Correction, Respondent/appellant, 429 F.3d 1194 (8th Cir. 2005)

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US Court of Appeals for the Eighth Circuit - 429 F.3d 1194 (8th Cir. 2005) Submitted: November 22, 2005
Filed: November 22, 2005
Rehearing and Rehearing En Banc Denied November 28, 2005. *

Appeal from the United States District Court for the Eastern District of Arkansas.

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

Eric Randall Nance, Grady, AR, pro se.

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

Before ARNOLD, BEAM, and MELLOY, Circuit Judges.

PER CURIAM.


Before 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.

On 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  petition 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.

On 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).

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

 *

Judge Bye would grant the Petition for Rehearing En Banc

 1

On January 23, 2003, the district court denied habeas relief and dismissed CV-00339. We affirmed this action on December 10, 2004. Our mandate issued on October 12, 2005. The case is closed