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)

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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 -2-

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