Rufus v. Chapman et al
Filing
83
ORDER denying 82 Motion for Reconsideration. Ordered by Judge C. Ashley Royal on 10/11/12 (lap) ***
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
MICHAEL ALONZA RUFUS,
:
:
Plaintiff,
:
:
v.
:
:
No. 3:11‐CV‐74 (CAR)
JONATHAN CHAPMAN,
:
:
Defendant.
:
___________________________________ :
ORDER ON PLAINTIFF’S MOTION FOR RECONSIDERATION
Before the Court is Plaintiff Michael Alonza Rufus’ Motion for Reconsideration
[Doc. 82] of this Court’s Order denying Plaintiff’s motion to change venue and
Plaintiff’s motion for recusal and granting Defendant Jonathan Chapman’s motion to
dismiss [Doc. 80]. Plaintiff, currently incarcerated, filed suit against Defendant alleging
that Defendant violated his First Amendment rights by instituting a post‐card only
inmate mail policy. The Court ultimately dismissed Plaintiff’s action upon concluding
that Plaintiff had failed to exhaust his administrative remedies under the Prison
Litigation and Reform Act (“PLRA”), 42 U.S.C. § 1997e(a).
Now, Plaintiff “submit[s] informations [sic] that can be deemed a request for
reconsideration but is ultimately presented in establishing he does not agree with or
accept the ruling.” In support of his request, Plaintiff spends a considerable time
rehashing his assertion that he is a sovereign citizen and that the Court’s decision to
dismiss the instant action demonstrates grounds for recusal. Having considered
Plaintiff’s Motion, it is clear no grounds exist for reconsideration in this case.
AMotions for reconsideration should be granted only if: (1) there has been an
intervening change in controlling law; (2) new evidence has been discovered; or (3)
reconsideration is needed to correct clear error or prevent manifest injustice.@1 “[A]
motion for reconsideration does not provide an opportunity to simply reargue an
issue the Court has once determined.”2 Inasmuch, “[c]ourt opinions are not intended
as mere first drafts, subject to revision and reconsideration at a litigantʹs pleasure.”3
Here, Plaintiff=s Motion fails to meet any of the standards discussed above and is
utterly without merit. Accordingly, Plaintiff=s Motion for Reconsideration [Doc. 82] is
DENIED.
SO ORDERED, this 11th day of October, 2012.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
LMH
Ctr. for Biological Diversity v. Hamilton, 385 F. Supp. 2d 1330, 1337 (N.D. Ga. 2005).
Id. (quoting Am. Assʹn of People with Disabilities v. Hood, 278 F.Supp.2d. 1337, 1340 (M.D. Fla. 2003)
(quotation and citation omitted).
3 Id.
1
2
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