Joseph v. Secretary, Department of Corrections et al

Filing 6

ORDER denying 5 Motion for Reconsideration. Signed by Judge Roy B. Dalton, Jr. on 4/24/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

KEVIN JOSEPH,
Petitioner,
v.

Case No: 6:17-cv-580-Orl-37DCI

SECRETARY, FLORIDA
DEPARTMENT OF CORRECTIONS
and ATTORNEY GENERAL, STATE
OF FLORIDA,
Respondents.
/
ORDER
This cause is before the Court on Petitioner’s Motion for Reconsideration (Doc.
5).

The Motion involves the Court’s Order (Doc. 3) dismissing the case and

corresponding Judgment (Doc. 4).
Petitioner has filed the Motion pursuant to Federal Rule of Civil Procedure 60(b).
Federal Rule of Civil Procedure 60(b) permits reconsideration of a district court order or
judgment based on limited number of circumstances. 1 A motion under Rule 60(b) must
be made within a reasonable time and, for certain matters, no more than a year after the
entry of the order or judgment. In particular, a motion based on reasons (1), (2), and (3)
must be filed no more than a year after the entry of the judgment or order or the date of

1

The rule permits a district court to relieve a party from a final order or judgment
on grounds including but not limited to (1) mistake, inadvertence, surprise, or excusable
neglect; (2) newly discovered evidence; (3) fraud, misrepresentation, or misconduct by
an opposing party; (4) the judgment is void; (5) the judgment has been satisfied,
released, or discharged; or (6) any other reason that justifies relief.

the proceeding.

Here, Petitioner fails to allege, or otherwise demonstrate, any of the

factors set forth in Rule 60(b) or to provide any other basis for reconsideration of the
Order of Dismissal or the judgment entered with regard thereto. At best, Petitioner
presents issues already ruled upon by the Court, either expressly or by reasonable
implication, which will not support a motion for reconsideration. Since Petitioner has
failed to demonstrate any basis for vacating the order of dismissal or the judgment
entered with regard thereto, the Motion must be denied.
Accordingly, it is ORDERED that Petitioner’s Motion for Reconsideration (Doc.
5) Is DENIED. Further, because Petitioner has not made a substantial showing of the
denial of a constitutional right, a certificate of appealability is denied with regard to the
denial of this motion.
DONE and ORDERED in Orlando, Florida on April 24th, 2017.

Copies furnished to:
Unrepresented Party
OrlP-2 4/24

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