Pitts v. Kelley

Filing 84

ORDER denying as moot 82 motion to correct or clarify the record. The Court stands by its conclusions in the final Order and Judgment, Doc. 75 , & 76 . The motion to amend, Doc. 77 , is denied. Signed by Chief Judge D. P. Marshall Jr. on 6/28/2022. (jak)

IN THE UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
EUGENE ISSAC PITTS,
ADC #73537

v.

PETITIONER

No. 5:15-cv-354-DPM

DEXTER PAYNE, Director,
Arkansas Division of Correction

RESPONDENT

ORDER

1.

Before the Court is Pitts's motion to amend, which the Court

treats as one made under Federal Rules of Civil Procedure 59(e). BBCA,

Inc. v. United States, 954 F.2d 1429, 1432 (8th Cir. 1992). This Court has
jurisdiction even though Pitts subsequently filed a notice of appeal.
FED. R. APP. P. 4(a)(4); 11 Charles Alan Wright, Arthur R. Miller & Mary
Kay Kane, Federal Practice and Procedure§ 2821 (3d ed. 2022). His motion
to correct or clarify the record, Doc. 82, is denied as moot.
2.

The Court stands by its conclusions in the final Order and

Judgment, Doc. 75 & 76. Pitts repeats the same arguments that this
Court has considered and rejected. He may raise those issues with the
Court of Appeals. Doc. 75 at 5. The motion to amend, Doc. 77, is denied.

So Ordered.
D .P. Marshall Jr. fl
United States District Judge

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