Terrick Nooner v. State of Arkansas

ARKANSAS SUPREME COURT

No. 05-634

NOT DESIGNATED FOR PUBLICATION

TERRICK NOONER

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered November 10, 2005

PRO SE PETITION FOR REHEARING [CIRCUIT COURT OF CRITTENDEN COUNTY, CV 2005-294, HON. CHARLES DAVID BURNETT, JUDGE]

PETITION DENIED

PER CURIAM

Terrick Nooner, an inmate in the Arkansas Department of Correction ("ADC"), proceeding pro se, filed an affidavit in support of request to proceed in forma pauperis and a pleading that was captioned as a civil action in Crittenden County Circuit Court. The circuit court dismissed the action, and Nooner lodged an appeal in this court. In an unpublished opinion, we dismissed the appeal, concluding that the circuit court had lacked jurisdiction to hear the matter because the pleading was so incomprehensible that the nature of the controversy could not be determined. Nooner v. State, 05-634, (Ark. Sept. 29, 2005). Appellant Nooner now brings this petition for rehearing of that decision.

Appellant's petition, in total, requests a rehearing, demands a jury trial, and indicates the State is barred somehow from filing a pleading that requests dismissal. Rule 2-3(g) of the Rules of the Arkansas Supreme Court provides that a petition for rehearing should be used to call attention to specific errors of law or fact which the opinion is thought to contain. The petition must cite to facts the appellant contends were overlooked and provide references to the abstract or addendum as required by Ark. Sup. Ct. R. 2-3(h). Appellant fails to provide any such citations and he alleges no error of law or fact that would merit rehearing. His petition does not appear to address our opinion, at all, other than the bare request for a rehearing. Accordingly, we deny his petition for rehearing.

Petition for rehearing denied.