Winston v. Kelly et al

Filing 130

ORDER denying 128 Motion for Reconsideration re 124 Order. Signed by Judge J. Leon Holmes on 8/24/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHARLES A. WINSTON
ADC #84733
v.

PLAINTIFF

No. 5:10CV00180-JLH-JJV

WENDY KELLY, Deputy Director of
Health Services, Arkansas
Department of Correction; et al.

DEFENDANTS
ORDER

Charles A. Winston has moved for reconsideration of the Order dismissing his claims against
Barry Greenlee as barred by the statute of limitations. Winston argues that equitable tolling would
prevent the statute of limitations from expiring because during the three-year period while the statute
of limitations was running between June of 2007 and June of 2010, he was impeded by a variety of
physical ailments and disciplinary actions imposed by the Arkansas Department of Correction. He
says that he wrote more than 276 grievances between March 21, 2007, and June 6, 2010. If the
impediments he describes were insufficient to keep him from filing 276 grievances, they also were
insufficient to keep him from filing his complaint in a timely fashion. The motion for reconsideration
is DENIED. Document #128.
IT IS SO ORDERED this 24th day of August, 2012.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE