Bramlett v. West Helena Housing Authority et al

Filing 36

ORDER denying 34 Motion for Reconsideration. Signed by Judge James M. Moody on 2/5/08. (bkp)

Bramlett v. West Helena Housing Authority et al

Doc. 36

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION CAROLYN BRAMLETT VS. CASE NO. 2:06CV0003 DEFENDANTS PLAINTIFF

CITY OF WEST HELENA HOUSING AUTHORITY, ET AL. ORDER

Plaintiff has filed a Motion for Consideration of the Court's January 23, 2008 Judgment which dismissed her case with prejudice based upon the merits of the case. Plaintiff contends that (1) the Court erred by addressing the Motion for Summary Judgment when she had filed a Motion to Dismiss without prejudice; (2) defendants' response to her Motion to Dismiss was frivolous; (3) that other Motions to Dismiss without prejudice filed in other cases had been granted; (4) that the Court denied her due process; (5) that the defendants are not entitled to a default judgment; and (6) that plaintiff did not intend for her Motion to Dismiss to be a request for dismissal with prejudice. Plaintiff has misread the Court's Order. Her Motion to Dismiss was denied. Defendant's Motion for Summary Judgment was granted. The Court finds that plaintiff received due process in that she was given notice of all pleadings and three months to respond to the pending Motion for Summary Judgment. Plaintiff chose not to respond and the Court ruled on the Motion for Summary Judgment. The Motion to Reconsider is denied (#34). IT IS SO ORDERED THIS 5 day of February , 2008.

James M. Moody United States District Judge

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