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 to Reopen Case. ECF No. 21.
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 he 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 barred by
Arkansas’ three-year statute of limitations. 	Plaintiff did not file objections to the Report and
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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 a post-judgment motion asking that the Court not
dismiss his case. ECF No. 11. Plaintiff stated that he had “presented evidence that should keep
[his] case going” and that he had sustained injuries because of his fall at Nevada County Detention
Center. The Court denied the post-judgment motion, noting that Plaintiff had not addressed the
res judicata finding or the statute of limitations issue. ECF No. 17. Plaintiff then appealed the
order dismissing his case. ECF No. 12.
On May 20, 2024, Plaintiff filed the instant motion asking the Court to reopen his case
because he now has photographic evidence of the injuries that he sustained because of his fall at
Nevada County Detention Center. Again, Plaintiff fails to address the res judicata finding or the
statute of limitations issue. Further, on June 17, 2024, the United States Court of Appeals for the
Eighth Circuit affirmed this Court’s order dismissing Plaintiff’s case. 	ECF No. 22-1. Upon
consideration, the Court finds that Plaintiff presents no legal basis that would justify reopening
this case. Accordingly, the Plaintiff’s Motion to Reopen Case (ECF No. 21) is DENIED.
IT IS SO ORDERED, this 19th day of February, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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