BARFIELD v. GORE et al
Filing
138
ORDER denying 122 Motion for Reconsideration ; denying 123 Motion for Reconsideration. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 9/29/16 (lap)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DANIEL BARFIELD,
Plaintiff,
:
:
:
:
v.
:
Case No. 5:14‐CV‐4 (CAR)
:
Nurse MARY GORE,
:
:
Proceedings under 42 U.S.C. § 1983
Defendant.
:
___________________________________ :
ORDER ON MOTION FOR RECONSIDERATION
Before the Court are Plaintiff Daniel Barfield’s Motions for Reconsideration filed
pursuant to Federal Rule of Civil Procedure 59(e).1 In his Motions, Plaintiff requests the
Court reconsider two of the Magistrate Judge’s Orders [Docs. 114 & 118]. In the first
Order, the Magistrate Judge denied Plaintiff’s Motion for Extension of Time to file a
Motion for Reconsideration and Motion for Leave to File Excess Pages. Then in the
second Order, the Magistrate Judge dismissed Plaintiff’s Motion for Reconsideration, as
his request to file the untimely motion was previously denied. Having considered the
Motion and the applicable law, Plaintiff’s Motions for Reconsideration [Docs. 122 & 123]
are DENIED.
Plaintiff “objects” to the Magistrate Judge’s Orders, which the Court will construe as Motions for
Reconsideration.
1
Local Rule 7.6 provides that “[m]otions for reconsideration shall not be filed as a
matter of routine practice.”2 Indeed, “it is well‐settled that motions for reconsideration
are disfavored and that relief under Rule 59(e) is an extraordinary remedy to be
employed sparingly.”3 Motions 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.4 Importantly, “[a] motion for reconsideration does not provide an
opportunity to simply reargue the issue the Court has once determined.”5
Here, Plaintiff’s Motion fails to meet any of the standards discussed above.
Rather, Plaintiff merely reasserts the same arguments fully considered by the
Magistrate Judge in his previous ruling. Therefore, the Court DENIES Plaintiff’s
Motions for Reconsideration [Docs. 122 & 123] of the Magistrate Judge’s Orders.
SO ORDERED, this 29th day of September, 2016.
S/ C. Ashley Royal
C. ASHLEY ROYAL, JUDGE
UNITED STATES DISTRICT COURT
L.R. 7.6.
Krstic v. Princess Cruise Lines, Ltd. (Corp.), 706 F. Supp. 2d 1271, 1282 (S.D. Fla. 2010).
4 Ctr. for Biological Diversity v. Hamilton, 385 F. Supp. 2d 1330, 1337 (N.D. Ga. 2005).
5 Pennamon v. United Bank, No. 5:09‐CV‐169 (CAR), 2009 WL 2355816, at *1 (M.D. Ga. July 28, 2009)
(quotation omitted).
2
3
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?