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United States ex rel Bell v. Jones

July 28, 2008

UNITED STATES OF AMERICA EX REL. TIMOTHY BELL #B-70669, PETITIONER,
v.
EDDIE JONES, RESPONDENT.



The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

This case's file, stemming from the pro se effort of state court prisoner Timothy Bell ("Bell") to secure habeas corpus relief, is in a state of confusion. After this Court issued its May 29, 2008 memorandum order dismissing Bell's Petition, he filed a notice of appeal. That in turn occasioned two further rulings from this Court:

1. On July 10 it issued its statement of reasons why no certificate of appealability should issue.

2. On July 24 it issued its memorandum opinion and order denying Bell's application for permission to proceed on appeal in forma pauperis.

Now this Court has learned, although only because it showed up on the current printout of pending motions in cases on this Court's calendar (a printout that this Court obtains at periodic short intervals), that on July 24 the Clerk's Office received Bell's "Motion for Reconsiderat [sic] of Ruling, and Appointment of Counsel."*fn1 That date of receipt is itself puzzling, because Bell lists a "6-26-08" date of preparation (four weeks earlier) on that handwritten ...


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