Hoskins v. Mississippi County Economic Opportunity Commission Inc

Filing 30

ORDER denying 25 Motion to Set Aside Judgment. Dismissal was appropriate because Plaintiff was given many opportunities to comply with this Court's Orders but failed to do so. Signed by Judge Brian S. Miller on 5/12/2010. (jct)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION CALVIN HOSKINS, on behalf of himself and others similarly situated V. No.: 3-08-CV-210-BSM DEFENDANT PLAINTIFF

MISSISSIPPI COUNTY ARKANSAS ECONOMIC OPPORTUNITY COMMISSION, INC. ORDER

Plaintiff Calvin Hoskins moves, pursuant to Federal Rule of Civil Procedure 60(b) or 59(e) (Doc. No. 25), to set aside the March 18, 2010 order of dismissal (Doc. No. 24), arguing that the dismissal is a disproportionate sanction for Hoskins's excusable neglect and that failing to set aside the judgment would constitute a manifest error of law. Defendant Mississippi County Arkansas Economic Opportunity Commission, Inc., objects to plaintiff's motion (Doc. No. 29). Dismissal was appropriate because plaintiff was given many opportunities to comply with this court's orders but failed to do so. Therefore, the motion for reconsideration is denied. IT IS SO ORDERED this 12th day of May, 2010.

_______________________________ UNITED STATES DISTRICT JUDGE