Cantrell v. Norris

Filing 130

ORDER denying 129 Motion for Reconsideration. Signed by Judge James M. Moody on 3/31/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JIMMY SHANE CANTRELL ADC #98730 VS. 5:05CV00356 JMM/JTR RESPONDENT ORDE R On February 20, 2009 the Court entered an Order adopting the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. On March 2, 2009 the Petitioner filed a motion for reconsideration. (Docket # 129). The Court has reviewed the Petitioner's pleadings and the relevant record and finds that the motion for reconsideration should be denied for the reasons set forth in the Findings and Recommended Disposition adopted by the Court on February 20, 2009. In addition, the Court finds the Petitioner's failure to seek permission to file a belated appeal, after his notice of appeal had been designated untimely, particularly fatal to Petitioner's claim that he has shown sufficient "cause and prejudice." IT IS SO ORDERED this 31st day of March, 2009. PETITIONER

LARRY NORRIS, Director, Arkansas Department of Correction

______________________________ James M. Moody United States District Judge