Jackson v. Kelley
ORDER vacating the Dismissal, 11 . The Court refers this case back to Magistrate Judge Volpe to consider Jackson's motion on its merits 12 . Signed by Judge D. P. Marshall Jr. on 8/7/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CALVIN EUGENE JACKSON,
WENDY KELLEY,* Director,
Arkansas Department of Correction
In March, the Court granted Jackson’s motion to voluntarily dismiss his
habeas petition. № 11. But no separate Judgment issued. FED. R. CIV. P. 58(a)
& (c)(2)(B); Jeffries v. United States, 721 F.3d 1008, 1012–13 (2013). Jackson now
asks for a stay instead of dismissal. № 12. Because Judgment hasn’t been
entered, and in the interests of justice to allow Jackson to possibly pursue
relief in the Arkansas courts, the Court vacates the dismissal, № 11. FED. R.
CIV. P. 60(b)(6). The Court refers this case back to Magistrate Judge Volpe to
consider Jackson’s motion on its merits, № 12.
The Court directs the Clerk to amend the docket to reflect the current
Director of the Arkansas Department of Correction, Wendy Kelley. FED. R.
CIV. P. 25(d).
D.P. Marshall Jr.
United States District Judge
7 August 2015
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