Wilkinson v. Phillips

Filing 28

ORDER denying 27 Motion for Reconsideration re 26 Order on Motion for Summary Judgment. Signed by Honorable Barry A. Bryant on October 17, 2008. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION TODD D. WILKINSON v. LOUISE PHILLIPS O R D ER Now before the Court is Defendant's Motion for Reconsideration. (Doc. 27). This Court issued a Memorandum Opinion and Order on October 8, 2008. (Doc. 26). The Court found genuine issues of fact existed in Plaintiff's case, and denied Defendant's Motion for Summary Judgment. Defendant now seeks reconsideration of the Courts Order. Defendant argues Plaintiff's claims of denial of access to the courts should be dismissed on Summary Judgment because Plaintiff`s claim concerns criminal proceedings for which Plaintiff had attorney representation. However, in his Response to Defendant's Motion for Summary Judgment (Doc. 23), Plaintiff stated he did not have an attorney representing him on the charges for which he sought to use the law library. (Doc. 23, questions 2, 4). Plaintiff stated his attorney in Arkansas Case No.: 4:07-cv-4098 DEFENDANT PLAINTIFF

recommended he seek to use the law library, but this attorney apparently did not represent Plaintiff on his Texas misdemeanor charges. (Doc. 24, 23). Accordingly, Defendant's Motion for Reconsideration (Doc. 27) is DENIED.

IT IS SO ORDERED this 17th day of October 2008. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE