Billy Mack Nichols v. Honorable Fred Davis, III, Judge

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 20, 2003

BILLY MACK NICHOLS

Petitioner

v.

HONORABLE FRED DAVIS, III, JUDGE

Respondent

02-1050

PRO SE MOTION FOR RECONSIDERATION OF PETITION FOR WRIT OF MANDAMUS [CIRCUIT COURT OF JEFFERSON COUNTY, NO. 2001-79-1-3]

MOTION DISMISSED

Billy Mack Nichols filed a petition for writ of mandamus in this court contending that the Honorable Fred Davis, III, Circuit Judge, had failed to act within a reasonable time on a motion to reopen a petition for declaratory judgment that Nichols had filed in the Circuit Court of Jefferson County on July 29, 2002. Judge Davis entered an order disposing of the motion on November 1, 2002. As the circuit court had acted in the matter, we declared the petition for writ of mandamus to be moot. Nichols v. Davis, 02-1050 (November 14, 2002) (per curiam).

Petitioner Nichols now asks that the matter be reconsidered on the ground that the order entered by Judge Davis was a "false defense" to the mandamus action because the docket number assigned to the petition for declaratory judgment was fabricated by the judge.

The motion for reconsideration is dismissed. The same docket number appears on every document in the record in this matter. If petitioner has reference to a clerical error on the Per Curiam opinion rendered November 14, 2002, that misstated the lower court number in thecaption, that error has been corrected. Petitioner has presented nothing to demonstrate that his petition for writ of mandamus was not indeed rendered moot when the lower court acted on the pleading that was the subject of the mandamus action.

Motion dismissed.

Imber, J., not participating.