also initially sued the prosecuting attorney and the sheriff of Wise County. Those defendants have been previously dismissed. 4 . Horner filed an earlier Motion for Summary Judgment, also asserting that he was entitled to qualified immunity. The magistrate judge recommended that the motion be granted, but Senior District Judge Glen M. Williams disagreed, and denied the motion. (Opinion and Order, Jan. 10, 2010.) The case was thereafter reassigned to me and after discovery, the present motion was filed. The earlier decision does not preclude revisiting this issue, particularly since additional evidence has been presented that calls into question the basis for the earlier denial of summary judgment. See Tang v. State of R.I., Dep’t of Elderly Affairs, 163 F.3d 7, 11 (1st Cir.1998) (<HOLDING>). 5 . In his deposition in June of 2010, Horner
holding that district court did not abuse its discretion in reconsidering a prior interlocutory ruling holding if an appellant conceded trial courts ruling was not prejudicial he could not assert on appeal the ruling denied him a fair trial recognizing the range of discretion of the trial judge recognizing that ruling of one trial judge does not preclude another trial judge reconsidering interlocutory ruling holding that appellate court reviewing trial courts habeas corpus ruling must review record evidence in light most favorable to ruling and uphold ruling absent abuse of discretion