Opinion
4:12CV31-GHD-DAS
08-11-2022
WENDELL DUNCAN PETITIONER v. STATE OF MISSISSIPPI, ET AL. RESPONDENTS
ORDER DISMISSING AS MOOT PETITIONER'S MOTIONS [47], [48] TO RECONSIDER THE COURT'S PREVIOUS ORDER DENYING HIS REQUEST FOR A COPY OF HIS PETITION IN THIS CASE
DAVID A. SANDERS, UNITED STATES MAGISTRATE JUDGE
This matter comes before the court on the motions [47], [48] by the petitioner for a copy of his petition in this case to show that he has not previously sought habeas corpus relief regarding his 1995 conviction for assault on a law enforcement officer (which he challenges in a more recent habeas corpus petition, Duncan v. Morris, 4:21CV68-DMB-JMV). The Fifth Circuit Court of Appeals has already determined that Mr. Duncan has not previously challenged the conviction for assault on a law enforcement officer. See Duncan v. Morris, supra, Doc. 9. The State in that case has moved [13] to dismiss the petition as untimely filed. As the Fifth Circuit has settled the matter of whether Duncan's recent petition is successive, he has no need for a copy of his petition from the present case. Hence, the instant motions [47], [48] are DISMISSED as moot.
SO ORDERED.