Arick Marquette Johnson v. Dexter Payne

Summary

The United States District Court for the Eastern District of Arkansas denies Arick Marquette Johnson’s motions for reconsideration, to correct the record, to reopen the case, and to supplement the record. The court concludes that Johnson has not shown grounds for relief under Federal Rules of Civil Procedure 59(e) or 60(b), and that his state-court remedies remain unexhausted. The court grants Johnson’s motion for an extension of time to appeal and directs the Clerk to provide him with a copy of the order and docket sheet.

Holdings

1. Reconsideration was not warranted because Johnson identified no relevant error of fact or law and presented no newly discovered evidence.
2. Johnson was not entitled to relief under Rule 60(b) because he alleged no qualifying mistake, newly discovered evidence, void judgment, satisfaction or discharge of the judgment, or other exceptional circumstance justifying relief.
3. The alleged misfiling did not warrant reopening or correction because Johnson admitted that any labeling error resulted from his own mislabeling, and the protective petition did not bear on the unexhausted state habeas petition that supported dismissal.
4. The court extended Johnson's time to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(5) for 30 days after the prescribed time or 14 days after entry of the order granting the motion, whichever was later.

Questions Presented

1. Whether Johnson established grounds under Federal Rule of Civil Procedure 59(e) or 60(b) to reconsider the prior dismissal without prejudice.
2. Whether Johnson was entitled to reopen the case or correct the record based on the alleged misfiling of his protective § 2254 petition and his other asserted circumstances.
3. Whether Johnson was entitled to an extension of time to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(5).

Disposition

other