Dennis P. Glick v. Terry Cass and George Brewer

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 28, 2002

DENNIS P. GLICK

Appellant

v.

TERRY CASS AND GEORGE BREWER

Appellees

00-893

MOTION TO RECALL MANDATE [CIRCUIT COURT OF JEFFERSON COUNTY, NO. CIV 99-455-2-3 HON. FRED D. DAVIS, JUDGE]

MOTION DENIED

Dennis P. Glick, an inmate incarcerated in the Arkansas Department of Correction (ADC), filed a complaint alleging civil rights violations and ex post facto violations regarding Act 498 of 1999 (Ark. Code Ann. §§ 5-4-607 and 16-93-207, executive clemency); Act 989 of 1997 (Ark. Code Ann. § 12-12-901 et seq., Sex and Child Offender Registration Act of 1997 ); and the repealing of Act 309 of 1991 (Ark. Code Ann. § 12-29-202, granting "good time" to prisoners). In the complaint appellant sought declaratory judgment, injunctive relief, compensatory and punitive damages, court costs, and all other just and proper relief, including a writ of mandamus.

Appellees, parole administrators with the ADC, filed a motion to dismiss pursuant to Ark. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief may be granted. The circuit court granted the motion and dismissed appellant's complaint, finding that Act 498 does not operate as an ex post facto law and that appellant has no right to clemency, pardon, or parole. Appellant appealed to this court from the order, and we affirmed. Glick v. Cass, 00-893 (Ark. December 13, 2001). The mandate was issued January 2, 2002. On January 7, 2002, appellant filed the instant motion seeking to recall the mandate so he can appeal to the United States Supreme Court from this court's decision.

The motion is denied. Appellant has stated no necessity in law or procedure for this court's mandate to be recalled.

Motion denied.

Imber, J., not participating.