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)

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