Hester v. Norris et al

Filing 126

AMENDED ORDER re 124 Order denying, as untimely, motion to amend judgment 105 . Signed by Judge James M. Moody on 4/27/12. (kpr) (Additional attachment(s) added on 4/27/2012: ) # 1 Main Document - Correct) (thd).

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION

WESLEY HESTER
ADC #129029
VS.

PLAINTIFF
CASE NO. 2:08CV00123 JMM

LARRY NORRIS, ET AL.

DEFENDANTS

AMENDED ORDER
On May 8, 2009, Judgment was entered in favor of Plaintiff and against Defendant in the
amount of $10.00 for damages and $350.00 for costs in the above styled case.
On June 24, 2009, Plaintiff filed an Application for a Writ of Execution which was granted
on June 26, 2009 and Plaintiff was mailed a Writ of Execution form. On July 16, 2009, the Clerk of
the Court was directed to complete the Writ of Execution form and to deliver the writ to the United
States Marshal for service.
On September 10, 2009, the Writ of Execution was returned executed as to Defendant and
stated that the Marshal had made unsuccessful attempts to serve Defendant by mail and telephone.
On August 30, 2010, Plaintiff filed a Motion for Re-Issuance of Writ which was granted. On
September 17, 2010, the Clerk of the Court prepared the writ and delivered it to the Marshal for
execution. The writ was returned executed on May 16, 2011, with the notation that Plaintiff was
unemployed and without any money. There was a notation that Defendant was expecting an income
tax refund.

Plaintiff subsequently filed a Writ of Garnishment but failed to identify a third party who
controls property of the defendant resulting in the denial without prejudice of that motion on
October 27, 2011.
Plaintiff now seeks to amend the May 8, 2009 Judgment to include interest. Under Federal
Rule of Civil Procedure 59, any motion to alter a judgment must be filed no later than 28 days after
the entry of the judgment. Judgment was entered in this case on May 8, 2009. Plaintiff’s motion is
dismissed as untimely (#123).
IT IS SO ORDERED THIS 27 day of April , 2012.

James M. Moody
United States District Judge