PENNINGTON v. NORRIS

No. 00-1937.

257 F.3d 857 (2001)

Frederick PENNINGTON, Jr., Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 24, 2001.


Attorney(s) appearing for the Case

Jeffrey W. Hatfield, argued, Fayetteville, AR, for appellant.

O. Milton Fine, Asst. Attorney General, argued, Little Rock, AR, for appellee.

Before BYE and BEAM, Circuit Judges, and MELLOY, District Judge.


BYE, Circuit Judge.

Frederick Pennington, Jr., brought a petition under 28 U.S.C. § 2254 claiming, in part, that he had been improperly denied parole. He included a claim that he had been improperly denied statutory executive clemency and/or commutation of sentence, as well as several claims that he had raised in three prior petitions challenging his conviction. The district court dismissed the petition on the ground that it was "second or successive" and required...

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