Jackson et al v. Borengasser et al

Filing 7

ORDER DENYING 6 Motion for Reconsideration filed by Chandra Lyons J. Jackson. Signed by Honorable P. K. Holmes, III on September 16, 2013. Copy or order mailed to non-CM/ECF participants. (jas)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION JOE NATHAN JACKSON, JR.; and CHANDRA LYONS J. JACKSON v. PLAINTIFFS Case No. 2:12-CV-02306 DISTRICT COURT JUDGE CLAIRE BORENGASSER, Sebastian County; and JANET MATLOCK, Chuck Fawcett Realty DEFENDANTS ORDER Currently before the Court is Plaintiffs’ motion (Doc. 6) for reconsideration. On February 12, 2013, the Court entered an Order (Doc. 5) adopting the Report and Recommendations (Doc. 3) filed by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western District of Arkansas, on December 6, 2012. The Order dismissed Plaintiff’s complaint without prejudice for lack of jurisdiction. For the reasons stated below, Plaintiff’s Motion for Reconsideration of this Order is DENIED. Under Rule 60(b), a party may be relieved from an order of the Court under certain enumerated circumstances, including the existence of “mistake, inadvertence, surprise, or excusable neglect” or “any other reason that justifies relief.” Fed. R. Civ. P. 60(b)(1) and (6). Rule 60(b) “provides for extraordinary relief which may be granted only upon an adequate showing of exceptional circumstances.” United States v. Young, 806 F.2d 805, 806 (8th Cir. 1986). None of the circumstances envisioned by Rule 60(b) for finding that reconsideration may be warranted are present in this case, and relief is not otherwise justified. Plaintiff does not even address the Court’s finding that it lacked jurisdiction to address her claims. For the reasons set forth above, IT IS ORDERED that Plaintiff’s Motion for -1- Reconsideration (Doc. 6) is DENIED. IT IS SO ORDERED this 16th day of September, 2013. s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE -2-

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