Mack v. Kelly
ORDER adopting as supplemented 8 Recommendation and overruling 9 Objections. Mack's petition will therefore be dismissed with prejudice. No certificate of appealability will issue. Signed by Judge D. P. Marshall Jr. on 4/26/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DOLANDON V. MACK
WENDY KELLEY,~ Director,
Arkansas Department of Correction
On de nova review, the Court adopts Magistrate Judge Deere's
recommendation, NQ 8, as supplemented and overrules Mack's objections,
NQ 9. FED. R. Crv. P. 72(b)(3). The supplement: Not only does Mack lack a
protected liberty interest in early release, but Kelley is correct that an
Arkansas statute also bars Mack from receiving good-time credit toward his
state sentence. Ng 6 at 2; ARK. CODE ANN.§ 16-93-609. Mack doesn't dispute
that he has qualifying convictions; but he says the statute shouldn't apply to
him because his 2004 judgment and commitment order doesn't reference it.
Ng7 at 1-2. Mack's argument, however, is foreclosed by Arkansas case law.
Pitts v. Hobbs, 2013 Ark. 457, at 4 (per curiam).
The Court directs the Clerk to correct the spelling of Director Kelley's
name on the docket.
The Court understands Mack's frustration in light of the legal advice he
received. NQ 9 at 4. But Mack's petition is about parole eligibility; and the
law is against him on that claim. Mack's petition will therefore be dismissed
with prejudice. No certificate of appealability will issue. 28 U.S.C. § 2253(c).
D. P. Marshall Jr.
United States District Judge
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