Sherman v. Jefferson County Arkansas
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PATRICK L. SHERMAN,
JEFFERSON COUNTY, ARKANSAS
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.
Magistrate Judge may rule on non-dispositive legal issues. 28 U.S.C. §
636(b)(1); Local Rule 72.1.
D.P. Marshall Jr.
United States District Judge
7 January 2014
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