Duane Gonder v. Dexter Payne ( 2021 )


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  •               United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 20-3735
    ___________________________
    Duane J. Gonder
    lllllllllllllllllllllPlaintiff - Appellant
    v.
    Dexter Payne, Director, Arkansas Division of Correction (originally named as
    Wendy Kelley)
    lllllllllllllllllllllDefendant - Appellee
    ___________________________
    No. 21-1056
    ___________________________
    Duane J. Gonder
    lllllllllllllllllllllPlaintiff - Appellant
    v.
    Dexter Payne, Director, Arkansas Division of Correction (originally named as
    Wendy Kelley)
    lllllllllllllllllllllDefendant - Appellee
    ____________
    Appeals from United States District Court
    for the Eastern District of Arkansas - Pine Bluff
    ____________
    Submitted: November 23, 2021
    Filed: November 30, 2021
    [Unpublished]
    ____________
    Before GRUENDER, SHEPHERD, and KOBES, Circuit Judges.
    ____________
    PER CURIAM.
    In these consolidated matters, Duane Gonder appeals after the district court1
    denied his post-judgment motions in his 
    28 U.S.C. § 2254
     proceeding and granted a
    certificate of appealability.
    After careful review of the record and the parties’ arguments on appeal, we
    conclude that the district court did not abuse its discretion when it denied Gonder’s
    post-judgment motions based on a lack of prejudice. See Raymond v. United States,
    
    933 F.3d 988
    , 991 (8th Cir. 2019) (reviewing the denial of a motion under Federal
    Rule of Civil Procedure 60(b) for an abuse of discretion; observing that a good claim
    or defense is a precondition to relief).
    Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Gonder’s pending
    pro se motion to “preserve the effectiveness of the judgment.”
    ______________________________
    1
    The Honorable D.P. Marshall, Jr., Chief Judge, United States District Court
    for the Eastern District of Arkansas.
    -2-
    

Document Info

Docket Number: 20-3735

Filed Date: 11/30/2021

Precedential Status: Non-Precedential

Modified Date: 11/30/2021