Nichols v. Washington Cty Jail, et al

Filing 39

ORDER REOPENING CASE, Motions terminated: 37 MOTION for Relief filed by Johnny Lee Nichols,.. Signed by Judge Beverly Stites Jones on August 29, 2005. (jn)

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Nichols v. Washington Cty Jail, et al Doc. 39 Case 5:03-cv-05292-JLH Document 39 Filed 08/29/2005 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION JOHNNY LEE NICHOLS v. Civil No. 03-5292 PLAINTIFF SHERIFF STEVE WHITMILL, CORPORAL MCCARTNEY, SGT. LINDABURY, DANIEL BAKER, SCOTT HAMMERSLA, and EARL GOODHEART ORDER DEFENDANTS Now pending before the court is plaintiff's motion (Doc. 37) for Relief from Judgment. This motion has been referred (Doc. 38) to the undersigned by order of the district court. On April 14, 2005, the defendants in this action filed a motion (Doc. 30) for summary judgment, as directed (Doc. 29) by order of the court. The court then prepared a summary judgment response questionnaire for the plaintiff to complete and return, and plaintiff was directed (Doc. 33) to return that response no later that June 3, 2005. On June 23, 2005, the undersigned issued a Report and Recommendation (Doc. 34), recommending that the entire action be dismissed due to plaintiff's failure to comply with the court's order by returning the completed response questionnaire. The district court adopted (Doc. 35) this report, and plaintiff's case was dismissed on July 21, 2005. On August 3, 2005, the plaintiff then submitted his response (Doc. 36) to the defendants' motion for summary judgment, and he later filed this motion (Doc. 37) now pending for Relief from Judgment. In this motion, plaintiff states that he recently moved to the Hot Springs, Arkansas area to avoid involvement in methamphetamine drugs in Northwest Arkansas. He requests that the court make a final decision on his case. AO72A (Rev. 8/82) Case 5:03-cv-05292-JLH Document 39 Filed 08/29/2005 Page 2 of 2 Due to the court's preference for deciding cases on their merits, plaintiff's motion for Relief from Judgment is GRANTED, and this case is reopened for consideration of defendants' motion for summary judgment. See Fed. R. Civ. P. 60(b)(1) (allowing relief from final judgment due to mistake, inadvertence, surprise, or excusable neglect). IT IS SO ORDERED this 29th day of August 2005. /s/ Beverly Stites Jones _________________________________________ HON. BEVERLY STITES JONES UNITED STATES MAGISTRATE JUDGE -2- AO72A (Rev. 8/82)

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