Adams v. United States Department of LABOR/OSHA et al

Filing 8

ORDER DENYING 7 Motion for Reconsideration. Signed by Honorable P. K. Holmes, III on September 16, 2013. Copy of order mailed to non-CM/ECF participant. (jas)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
DALE B. ADAMS
v.

PLAINTIFF
Case No. 3:12-CV-03078

UNITED STATES DEPARTMENT OF LABOR/OSHA;
and HILDA SOLIS, U.S. Secretary of Labor

DEFENDANTS

ORDER
Currently before the Court are Plaintiff’s motion (Doc. 7) for reconsideration.
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. The Court addressed Plaintiff’s earlier
objections to the magistrate’s report and recommendation in its order (Doc. 6) adopting the report
and recommendations. Plaintiff’s motion sets forth no comprehensible, new, compelling grounds
for the Court to amend that order.
IT IS THEREFORE ORDERED that Plaintiff’s motion (Doc. 7) for reconsideration is
DENIED.
If Plaintiff wishes to continue pursuing this case in this Court, he is ordered to pay a $350.00

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filing fee1 by Monday, September 23, 2013. Plaintiff is advised that if he fails to comply with this
Order by that deadline, his Complaint will be dismissed without prejudice for failure to obey a court
order. No further motions for reconsideration will be considered in this case on this issue. Any such
motions that are filed will be summarily 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

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Although the fee is currently $400, the Court will order Plaintiff to pay the fee in effect at
the time he filed his complaint in this case.
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