*1 IN THE UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION SANDERS M. CARTER
ADC #88350 PETITIONER v. No. 5:16-cv-367-DPM
WENDY KELLEY, Director, RESPONDENT
Arkansas Department of Correction ORDER
On de nova review , the Court adopts the recommendation, NQ 26, as modified and overrules Carter's objections, NQ 27. FED. R. Crv . P. 72(b)(3). Because Carter's Brady claim is nonmaterial, his petition is a successive one; and he must get preauthorization from the United States Court of Appeals for the Eighth Circuit to file it. Crawford v. Minnesota, 698 F.3d 1086, 1089-90 (8th Cir. 2012) . The modification: given the age of this case and the potential for statute-of-limitations problems, the interests of justice favor transferring Carter's petition rather than dismissing it. 28 U.S.C. § 1631; cf Boyd v. United States, 304 F.3d 813, 814 (8th Cir. 2002). The Court therefore transfers the petition, Ng 2, to the Court of Appeals. This transfer is immediate.
So Ordered.
D.P. Marshall Jr. United States District Judge
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