Hill v. State of Mississippi

Filing 22

ORDER denying 19 Motion to Clarify; REINSTATING Memorandum Opinion; Final Judgment and Certificate of Appealability; Petition is dismissed with prejudice both as successive and as untimely filed. Signed by Senior Judge Neal B. Biggers on 3/6/18. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
BILLY DALE HILL
v.

PETITIONER
No. 3:16CV61-NBB-JMV

STATE OF MISSISSIPPI

RESPONDENT

ORDER DENYING STATE’S MOTION [19] TO CLARIFY,
REINSTATING MEMORANDUM OPINION AND FINAL JUDGMENT
This matter comes before the court on the motion [19] by the State to clarify the court’s order
[18] granting the petitioner’s motion [15] for reconsideration. The State’s motion, as urged, operates
as a motion for reconsideration. The petitioner argued in his motion that he did not receive a copy of
the State’s May 17, 2016, motion to dismiss. The court then held its memorandum opinion and final
judgment in abeyance to provide the petitioner a chance to respond to the motion to dismiss. The State
then sought clarification of the court’s order, noting that the petitioner had signed and returned a form
acknowledging receipt of the motion to dismiss. The petitioner later responded to the motion to
dismiss.
Though the State is correct that the petitioner returned the acknowledgment form, the court will
nonetheless consider his response to the motion to dismiss. As such, the instant motion [19] to clarify
(which operates as a motion for reconsideration) is DENIED.
In addition, as the petitioner’s response merely reiterates the arguments in his petition, the court
REINSTATES its previous memorandum opinion [12], final judgment [13], and certificate of
appealability [14]. The instant petition is thus DISMISSED with prejudice both as successive and as
untimely filed.
SO ORDERED, this, the 6th day of March, 2018.

/Neal Biggers
NEAL B. BIGGERS
SENIOR U. S. DISTRICT JUDGE