Bryant v. Carter et al

Filing 23

ORDER denying 21 Motion for Reconsideration. Ordered by Judge Hugh Lawson on 6/29/2010. (nbp)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA M ACON DIVISION TARENT BRYANT, Plaintiff, : : : : : : : : : : : v. M r. CARTER, et al., Defendants. ________________________________ Civil Action No. 5:09-CV-281 (HL) ORDER B efore the Court is Plaintiff's Motion for Reconsideration (Doc. 21). Plaintiff as k s the Court to reconsider its order (Doc. 20) adopting the report and rec om m endation written by Magistrate Judge Hicks (Doc. 5). Loc al Rule 7.6 warns that "Motions for Reconsideration shall not be filed as a matter of routine practice." M.D. Ga., L.R. 7.6. A motion for reconsideration is appropriate if the moving party can show: "(1) there has been an intervening change i n the law, (2) new evidence has been discovered that was not previously available to the parties at the time the original order was entered, or (3) reconsideration is nec es s ary to correct a clear error of law or prevent manifest injustice." Pennamon v. United Bank, 2009 W L 2355816, at *1 (M.D. Ga. July 28, 2009) (citing W allanc e v. Georgia Dep't of Trans., 2006 W L 1582409, at *2 (M.D. Ga. June 6, 2006). "[A] m otion for reconsideration does not provide an opportunity to simply reargue the is s ue the Court has once determined." Id. (quoting Am. Ass'n of People with Dis abilities v. Hood, 278 F. Supp. 2d 1337, 1340 (M.D. Fla. 2003). There is nothing in Plaintiff's motion showing that the law has changed, that new evidence has been discovered, that the Court made a clear error of law, or that the order was unjust. Moreover, Plaintiff appears to misunderstand that the Court did not find that all of Plaintiff's claims are frivolous. Plaintiff's claims for retaliation for filing grievances and mail censorship have gone forward. His motion for reconsideration (Doc. 21) is accordingly denied. S O ORDERED, this the 29th day of June, 2010. s/ Hugh Lawson HUGH LAWSON, SENIOR JUDGE lm c 2

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