David Hugh Williams v. Kay Wade, Greg Harmon, Ray Hobbs

ARKANSAS SUPREME COURT

No. 03-573

NOT DESIGNATED FOR PUBLICATION

DAVID HUGH WILLIAMS

Petitioner

v.

KAY WADE, GREG HARMON, RAY HOBBS

Respondents

Opinion Delivered September 29, 2005

PRO SE MOTION TO RECALL MANDATE [CIRCUIT COURT OF JEFFERSON COUNTY, CV 2002-521-5]

MOTION DENIED

PER CURIAM

David Williams, an inmate in the Arkansas Department of Correction, filed a civil rights action under Ark. Code Ann. § 16-123-105 (Supp. 2003) alleging constitutional violations relating to incidents concerning the sending or receiving of mail. The circuit court dismissed the complaint as to all defendants, and, in an unpublished opinion, we affirmed the dismissal with the modification that the judgment should dismiss all claims. Williams v. Wade, 03-573 (Ark. May 12, 2005) (per curiam). Williams filed a petition for rehearing which was denied in an unpublished opinion. Williams v. Wade, 03-573 (Ark. June 23, 2005) (per curiam). Williams has filed a motion to recall the mandate in that decision, which is now before this court.

In his motion, petitioner Williams cites Ark. Sup. Ct. R. 5-3 and indicates he seeks certiorari in the United States Supreme Court. He has not, however, provided any reason why recalling the mandate is either necessary or proper in this instance. Supreme Court Rule 5-3(d) is used sparingly. Robbins v. State, 354 Ark. 1, 114 S.W.3d 217 (2003). As petitioner has provided no basis for recalling the mandate, we decline to do so.

Motion denied.