Mack v. Kelly

Filing 13

ORDER denying 12 Motion for Reconsideration. The Court stands by its 4/26/2017 Order and Judgment. Mack's petition was about good-time credit, not ineffective assistance of counsel. He did not develop the ineffectiveness point sufficiently b efore the Judgment to alert the Court to any such claim-frustration with counsel is not the same as constitutionally ineffective assistance. And Mack has not provided a sufficient Rule 60(b) basis for unwinding the Judgment to amend his petition at this point. Signed by Judge D. P. Marshall Jr. on 5/16/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DOLANDON V. MACK
ADC #103207
v.

PETITIONER
No. 5:16-cv-354-DPM

WENDY KELLEY, Director,
Arkansas Department of Correction

RESPONDENT

ORDER
Motion to reconsider, NQ 12, denied.

The Court stands by its

26 April 2017 Order and Judgment. Mack's petition was about good-time
credit, not ineffective assistance of counsel.

He did not develop the

ineffectiveness point sufficiently before the Judgment to alert the Court to any
such claim-frustration with counsel is not the same as constitutionally
ineffective assistance. And Mack has not provided a sufficient Rule 60(b)
basis for unwinding the Judgment to amend his petition at this point. Cf
Williams v. Delo, 82 F.3d 781, 784 (8th Cir. 1996).

So Ordered.

/u w1fVJ

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