SMITH v. HUMPHREY et al

Filing 113

ORDER DENYING 110 Motion for Reconsideration. Ordered by Judge Marc Thomas Treadwell on 1/3/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
LESTER J. SMITH,
Plaintiff,
v.
CARL HUMPHREY, et al.,
Defendants.

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CIVIL ACTION NO. 5:12-CV-15 (MTT)

ORDER
Before the Court is the “Plaintiff’s Objection” (Doc. 90) to Magistrate Judge
Charles H. Weigle’s Order (Doc. 101) denying the Plaintiff’s Motion for Discovery of
Medical Records (Doc. 100). The Court construes the “Plaintiff’s Objection” as a Motion
for Reconsideration of the Magistrate Judge’s Order.
Pursuant to Local Rule 7.6, “Motions for Reconsideration shall not be filed as a
matter of routine practice.” M.D. Ga., L.R. 7.6 (emphasis added). “Reconsideration is
appropriate only if the movant demonstrates (1) that there has been an intervening
change in the law, (2) that new evidence has been discovered which was not previously
available to the parties in the exercise of due diligence, or (3) that the court made a
clear error of law.” Bingham v. Nelson, 2010 WL 339806, at *1 (M.D. Ga.) (internal
quotation marks and citation omitted). “In order to demonstrate clear error, the party
moving for reconsideration must do more than simply restate [his] prior arguments, and
any arguments which the party inadvertently failed to raise earlier are deemed waived.”
McCoy v. Macon Water Authority, 966 F. Supp. 1209, 1222-23 (M.D. Ga. 1997).

The Plaintiff has not met this burden. He has not alleged an intervening change
in the law nor presented new evidence previously unavailable to him, and the Court is
not persuaded the Magistrate Judge’s ruling was clearly erroneous. As the Court has
previously advised the Plaintiff, discovery in this case is stayed pending a ruling on the
Defendants’ Motion to Dismiss (Doc. 38). Frivolous motions to open discovery during
this period will not be tolerated.
Accordingly, the Plaintiff’s Motion for Reconsideration is DENIED.
SO ORDERED, this 3rd day of January, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT