Latin v. Martin et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
HAROLD DWAYNE LATIN 	PLAINTIFF
v. 	Civil No. 4:23-cv-4103
SHERIFF DANNY MARTIN,
Nevada County Jail;
LIEUTENANT DEPUTY KAREN GROMBLEY,
Nevada County Jail;
DEXTER PAYNE, Arkansas Division of Correction;
DR. RONALD S. EXUM, ER Physician,
Wadley Regional Medical Center; and
TAMMY L. WELLMAN, RN 	DEFENDANTS
ORDER
Before the Court is Plaintiff Harold Dwayne Latin’s Motion for Non-Dismissal. (ECF No.
11). The Court finds that no response is necessary and that the matter is ripe for consideration.
On October 23, 2023, Plaintiff filed this civil-rights action under 42 U.S.C. § 1983,
proceeding pro se and in forma pauperis (“IFP”), and alleging that Defendants violated his
constitutional rights while he was incarcerated in the Nevada County Detention Center. His claims
were based on an incident that occurred on November 16, 2018, in which Plaintiff alleges he
slipped and fell at the Nevada County Detention Center because of a water leak.
On 	November 	20, 	2023, 	Magistrate 	Judge 	Mark 	E. 	Ford 	issued 	a 	Report 	and
Recommendation, in which Judge Ford recommended that Plaintiff’s claims be dismissed. ECF
No. 7. Judge Ford found that Plaintiff’s claims against Defendants Dr. Ronald S. Exum, Wadley
Regional Medical Center, Sheriff Danny Martin, and Lieutenant Deputy Karen Grombley were
barred by res judicata. Judge Ford found that Plaintiff failed to state claims against Defendants
Dexter Payne and Tammy L. Wellman. Further, Judge Ford found that Plaintiff’s claims were
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barred by Arkansas’ three-year statute of limitations. Plaintiff did not file objections to the Report
and Recommendation (ECF No. 7), and on January 8, 2024, the Court issued an order adopting
the Report and Recommendation and dismissing Plaintiff’s claims. ECF No. 10.
On January 17, 2024, Plaintiff filed the instant post-judgment motion. Plaintiff states that
he has “presented evidence that should keep [his] case going” and that he has sustained injuries
because of his fall at Nevada County Detention Center. In the instant motion, Plaintiff does not
address the res judicata finding or the statute of limitations issue. It appears that Plaintiff is asking
the Court to reconsider its order adopting the Report and Recommendation and dismissing his
claims.
Upon consideration, the Court finds that Plaintiff has not pointed the Court to any manifest
error of law, manifest error of fact, or newly discovered evidence such that it is appropriate for the
Court to reconsider its order dismissing his claims. See Hagerman v. Yukon Energy Corp., 839
F.2d 407, 414 (8th Cir. 1988). Accordingly, Plaintiff’s motion (ECF No. 11) is hereby DENIED.
IT IS SO ORDERED, this 7th day of March, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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