Robert Burton Sr. vs. Kent Gearin

The plaintiff, a prisoner, sued the defendant who had been appointed to represent the plaintiff in his petition for post-conviction relief. The prisoner, proceeding pro se, filed a motion asking the trial court to hold this matter in abeyance until his release from prison. The motion was denied. The defendant filed a motion for summary judgment supported by an un-refuted affidavit which was granted. The prisoner appealed the trial court's denial of the motion for abeyance and we affirm.