Lee v. Browenlee et al

Filing 19

ORDER denying 18 Motion for Reconsideration of Order Adopting the Proposed Findings and Recommendations of U.S. Magistrate Jerry W. Cavaneau. Signed by Judge James M. Moody on 12/30/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION SHERMAN FRANCIS LEE ADC #092543 V. LEROY BROWENLEE, et al ORDER Pending is the Plaintiff's Motion to Alter or Amend the Judgment. Plaintiff asks the Court to reconsider its Order adopting the Proposed Findings and Recommendations of United States Magistrate Judge Jerry W. Cavaneau on December 8, 2008. The Court has considered Plaintiff's untimely objections to the Findings and Recommendations. However, Plaintiff does not add any factual or legal reasons to reverse the Court's previous Order. Plaintiff's seeks a § 2254 writ of habeas corpus based upon his challenge of the actions of the Post Prison Transfer Board. This type of claim would necessarily result in a grant of parole for Plaintiff. Plaintiff must, therefore, exhaust his available state court remedies before the Court can consider this claim. Plaintiff's Motion to Alter or Amend the Judgment (docket # 18) is DENIED. IT IS SO ORDERED this 30th day of December 2008. 4:08CV00627 JMM-JWC DEFENDANTS PLAINTIFF

______________________________ James M. Moody United States District Judge