Holloway v. Sweet et al

Filing 122

ORDER rejecting 119 REPORT AND RECOMMENDATIONS and appointing Richard N. Watts as counsel for plaintiff; setting a second evidentiary hearing on Tuesday, June 29, 2010, at 9:30 a.m., Richard Sheppard Arnold U.S. Courthouse, 500 West Capitol Avenue, Little Rock, AR; and directing the Clerk to send counsel a copy of this Order and Local Rule 83.7. Signed by Judge William R. Wilson, Jr on 12/2/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION WINSTON HOLLOWAY ADC #67507 V. ANITA WEAST, et al. ORDER I have received the proposed findings and recommendations (Doc. No. 119) from United States Magistrate Judge H. David Young. Plaintiff has filed objections (Doc. No. 121). 5:08CV00196 WRW/HDY DEFENDANTS PLAINTIFF

I decline to adopt the Recommended Disposition.
After review of the findings and recommendations and a de novo review of the record, I believe this case is not suitable to a pre-jury decision to dismiss Plaintiff's claims based on his failure to introduce sufficient evidence. The record indicates that Plaintiff, as an incarcerated pro se litigant, experienced difficulties gathering evidence. Additionally, despite Plaintiff's limited ability to collect and submit evidence, a review of the recorded hearing indicates that Plaintiff's testimony, taken as true, presents a close call -- at least on some of his claims. Before Plaintiff's claims are dismissed, he should be allowed to gather and produce evidence with the assistance of counsel. For these reasons, I am appointing Richard N. Watts1 as counsel, in conformity with Rule 83.7 of the Local Rules for the Eastern and Western Districts of Arkansas, to represent the

Watts, Donovan & Tilley, P.A., 200 South Commerce Street, Ste 200, Little Rock, Arkansas, 72201-1769. 1

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Plaintiff in all further proceedings. Also, I will hold a second evidentiary hearing on Tuesday, June 29, 2010, at 9:30 a.m., Richard Sheppard United States Courthouse, 500 West Capitol Avenue, Little Rock, Arkansas. THE CLERK IS DIRECTED to send counsel a copy of this Order and Local Rule 83.7. Counsel will access the file from CM/ECF. If counsel is unable to obtain a copy of the file from CM/ECF, he should contact Mary Johnson at 501-604-5144, and a copy of the file, or any portion thereof, will be provided free of charge. Pursuant to Rule 83.7, counsel must make written application to withdraw within fifteen (15) days; otherwise, the appointment will be effective. IT IS SO ORDERED this 2nd day of December, 2009.

/s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE

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