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)

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.