IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
JOHNNY LEE NICHOLS
Civil No. 03-5292
SHERIFF STEVE WHITMILL, CORPORAL
MCCARTNEY, SGT. LINDABURY, DANIEL
BAKER, SCOTT HAMMERSLA, and EARL
O R D E R
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.
Case 5:03-cv-05292-JLH Document 39 Filed 08/29/2005 Page 1 of 2
Nichols v. Washington Cty Jail, et al
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,