USA v. Dwayne Parker

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-4090
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Eric Randall Nance, *
*
Petitioner/Appellee, *
* Appeal from the United States
v. * District Court for the Eastern
* District of Arkansas
Larry Norris, Director, *
Arkansas Department of * [PUBLISHED]
Correction, *
*
Respondent/Appellant. *
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Submitted: November 22, 2005
Filed: November 22, 2005
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Before ARNOLD, BEAM, and MELLOY, Circuit Judges.
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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

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1On 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.
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construed the petition as a requested amendment to the previously filed 1 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.
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