Rose v. Buras et al

Filing 37

ORDER denying 35 Motion to Alter Judgment, Motion for New Trial. Signed by Judge Jay C. Zainey on 12/19/2016. (ajn)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA GRANVILLE ROSE CIVIL ACTION VERSUS NO. 15-880 CAMILLE BURAS, ET AL. SECTION "A"(3) ORDER On June 23, 2015 the Court entered judgment in favor of the defendants (Rec. Doc. 23) in light of Heck v. Humphrey, 512 U.S. 477 (1994). On July 17, 2015, the Court considered but rejected Plaintiff's post-judgment objections to the magistrate judge's Report and Recommendation. (Rec. Doc. 28). Plaintiff later filed a Motion to Amend Pleadings (Rec. Doc. 29), in which he suggested that the Heck problem had been resolved because he was moved from Angola to an address in Orleans Parish. The Court denied that motion on November 5, 2015, with reasons (Rec. Doc. 30). Next, Rose filed a Motion for Modification of Judgment (Rec. Doc. 31) arguing that the Heck bar has been resolved because he is no longer incarcerated. The Court denied that motion with reasons on March 23, 2016 (Rec. Doc. 32). On September 8, 2016, Rose moved once again to modify the judgment and the Court denied that motion on November 3, 2016. (Rec. Docs. 33 & 34). Rose has moved once more to alter the judgment (Rec. Doc. 35) and has filed a notice of appeal. For the reasons previously given, Accordingly; IT IS ORDERED that the Motion to Alter Judgment (Rec. Doc. 35) is DENIED. December 19, 2016 ______________________________ UNITED STATES DISTRICT JUDGE

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