MORRISON v. BUSS

Filing 10

ORDER denying 9 Motion for Reconsideration filed by CHALAT MORRISON signed by CHIEF JUDGE M CASEY RODGERS on 12/23/11. (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CHALAT MORRISON,
Plaintiff,
v.

CASE NO. 5:11cv249-MP-GRJ

EDWIN BUSS, et al.,
Defendants.
___________________/
ORDER
This matter is before the Court on Plaintiff’s Motion for Rehearing. (Doc. 9). On
December 12, 2011, the Court accepted the magistrate judge’s report and
recommendation and dismissed the plaintiff’s complaint for failure to state a claim on which
relief may be granted. The instant motion seeks relief from that order. Thus, despite the
title, the Court construes it as a motion for reconsideration.
Pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, “the court may
relieve a party . . . from a final judgment, order, or proceeding for . . . (6) any [ ] reason that
justifies relief.” Fed. R. Civ. P. 60(b). However, “relief under [Rule 60(b)(6)] is an
extraordinary remedy which may be invoked only upon a showing of exceptional
circumstances,” and “absent such relief, an extreme and unexpected hardship will result.”
Griffin v. Swim-Tech Corp., 722 F.2d 677, 680 (11th Cir. 1984).

Even when such

circumstances exist, “whether to grant the requested relief is a matter for the district court's
sound discretion.” Mock v. Bell Helicopter Textron, Inc., 373 Fed. Appx. 989, 991 (11th Cir.
2010).
Plaintiff has failed to show any exceptional circumstances that would justify relief
under Rule 60(b)(6). Rule 60(b) is not intended to be a second opportunity for the losing
party to make its strongest case, to rehash arguments, or to dress-up arguments that
previously failed.

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Accordingly, it is now ORDERED as follows:
Plaintiff’s motion for reconsideration (doc 9) is DENIED.
DONE and ORDERED on this 23rd day of December, 2011.
s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No: 5:11cv249-MP-GRJ