Black v. Allen Correctional Center

Filing 157

MEMORANDUM ORDER denying 152 Motion Mandate Recall. Signed by Judge S Maurice Hicks on 11/21/2011. (crt,Gregory, C)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION HAROLD JOE BLACK CIVIL ACTION NO. 05-2187-P VERUS JUDGE S. MAURICE HICKS, JR. WARDEN, ET AL. MAGISTRATE JUDGE HORNSBY MEMORANDUM ORDER Before the Court is a motion entitled “Mandate Recall” (Record Document 152) filed by pro se Petitioner Harold Joe Black (“Petitioner”). It appears that Petitioner seeks a recall of the mandate issued on January 28, 2010. See Record Document 149. The Supreme Court has held that “in light of the profound interests in repose attaching to the mandate of a court of appeals, . . . the power [to recall a mandate] can be exercised only in extraordinary circumstances.” Calderon v. Thompson, 523 U.S. 538, 550, 118 S.Ct. 1489, 1498 (1998). “The sparing use of the power demonstrates it is one of last resort, to be held in reserve against grave, unforeseen contingencies.” Id. Based on the showing made in the motion, Petitioner has failed to establish extraordinary circumstances and/or grave, unforeseen contingencies. In fact, he continues to present the same claims and arguments raised in his original filing. Accordingly, IT IS ORDERED that Petitioner’s motion entitled “Mandate Recall” (Record Document 152) be and is hereby DENIED. THUS DONE AND SIGNED at Shreveport, Louisiana, this the 21st day of November, 2011.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?