David Hugh Williams v. Arkansas Department of Correction

ARKANSAS SUPREME COURT

No. 03-674

NOT DESIGNATED FOR PUBLICATION

DAVID HUGH WILLIAMS

Petitioner

v.

ARKANSAS DEPARTMENT OF CORRECTION

Respondent

Opinion Delivered September 22, 2005

PRO SE MOTION TO RECALL MANDATE [CIRCUIT COURT OF JEFFERSON COUNTY, CV 2002-522-2-5]

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 he was denied prescribed medical care or treatment. The circuit court dismissed the complaint as to all defendants, and we affirmed the dismissal with the modification that the matter was ended with prejudice, finding Williams had failed to demonstrate a serious medical need as required to meet the standard for a constitutional violation claim. Williams v. Arkansas Department of Correction, ___ Ark. ___, ___S.W.3d ___ (April 28, 2005). Williams filed a petition for rehearing which was denied in an unpublished opinion. Williams v. Arkansas Department of Correction, 03-674 (Ark. June 16, 2005). Williams has filed a motion, now before us, to recall the mandate.

Petitioner Williams, in the motion, cites Ark. Sup. Ct. R. 5-3 and indicates he seeks certiorari in the United States Supreme Court. Petitioner does not, however, offer any reason for recalling the mandate or explain how recalling the mandate is 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.

Brown, J., would grant the motion and allow Williams ninety days to perfect the petition for writ of certiorari.