Clemmons v. Davies

Filing 74

MEMORANDUM AND ORDER ENTERED: Petitioner's motion to correct 73 is denied. Signed by U.S. Senior District Judge Sam A. Crow on 07/07/17. Mailed to pro se party Edward Lee Clemmons by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

EDWARD LEE CLEMMONS,
Petitioner,
v.

CASE NO. 90-3035-SAC

STEVEN J. DAVIES,
Respondent.

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s motion, filed
under Rule 60(a) of the Federal Rules of Civil Procedure, to correct
the 1992 Memorandum and Order entered in this case. Petitioner points
to a statement in that order that he was arrested at his home and a
second statement that he was detained by the police (Doc. #73, p. 2).
He attaches a police report dated December 1, 1983, showing that
officers conducted surveillance on a residence, watched him leave the
house and enter a vehicle, and then removed him from the vehicle (id.,
Attach., pp. 1-3).
Under Rule 60(a), a federal court “may correct a clerical mistake
or a mistake arising from oversight or omission whenever one is found
in a judgment, order, or other part of the record.” Fed.R.Civ.P. 60(a).
Rule 60(a) allows a court to “correct a clerical mistake or a mistake
arising from oversight or omission”.
The Court has considered the petitioner’s claim but finds no
error in the record. It appears petitioner was arrested as he left
the residence under surveillance and entered a vehicle. The statement
that he was arrested at his home is compatible with the police report.

IT IS, THEREFORE, BY THE COURT ORDERED petitioner’s motion to
correct (Doc. #73) is denied.
IT IS SO ORDERED.
DATED:

This 7th day of July, 2017, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge