Sherman v. Jefferson County Arkansas

Filing 12

ORDER granting as to conclusions of law and denying as to findings of fact 10 Motion for Order; granting as to conclusions of law and denying as to findings of fact 11 Motion for Reconsideration. Signed by Judge D. P. Marshall Jr. on 1/7/14. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION PATRICK L. SHERMAN, ADC #96304 v. PLAINTIFF No. 5:13-cv-346-DPM JEFFERSON COUNTY, ARKANSAS DEFENDANT ORDER Post-judgment motions, Ng 10 & 11, granted as to conclusions of law and denied as to findings of fact. The constitutionality of the three-strikes provision is well-established. Higgins v. Carpenter, 258 F.3d 797,799-801 (8th Cir. 2001) (per curiam); Pointer v. Wilkinson, 502 F.3d 369,377-78, n.9 (6th Cir. 2007). This is a matter of law, not fact. No hearing is needed, or required, to address this kind of legal issue. No findings of fact are called for. A Magistrate Judge may rule on non-dispositive legal issues. 28 U.S.C. ยง 636(b)(1); Local Rule 72.1. So Ordered. D.P. Marshall Jr. United States District Judge 7 January 2014 -2-

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