Jackson v. Kelley

Filing 14

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,
ADC #134338
v.

PETITIONER

No. 5:14-cv-388-DPM

WENDY KELLEY,* Director,
Arkansas Department of Correction

RESPONDENT

ORDER
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).
*

So Ordered.

_________________________
D.P. Marshall Jr.
United States District Judge
7 August 2015

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