STERLING v. SELLERS et al
Filing
70
ORDER DENYING 67 Motion to Vacate. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 1/29/2018. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
RICO STERLING,
Plaintiffs,
v.
Warden ERIC SELLERS, et al.,
Defendants.
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CIVIL ACTION NO. 5:16-CV-13 (MTT)
ORDER
Plaintiff Waseem Daker has moved to vacate this Court’s Order (Doc. 61)
denying his motion to intervene (Doc. 40). Doc. 67. The Court construes this motion as
a motion to reconsider. 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. Indeed,
“[r]econsideration of a previous order is an extraordinary remedy to be employed
sparingly.” Bingham v. Nelson, 2010 WL 339806, at *1 (M.D. Ga.) (quotation marks and
citation omitted). It “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.” Id. “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). Here, Daker has not raised a change in the law, newly discovered evidence,
or clear error in the Court’s previous order. Accordingly, Daker’s Motion for
Reconsideration (Doc. 36) is DENIED.1
SO ORDERED, this 29th day of January, 2018.
S/ Marc T. Treadwell
MARC T. TREADWELL
UNITED STATES DISTRICT COURT
1
In his motion, Daker alleges that he is “under imminent danger of serious injury” and that therefore he
should be allowed to file a claim despite the “three strikes provision.” Doc. 67 at 2. This allegation does
not affect Daker’s right to intervene. If he wishes to raise a claim regarding any violation of his rights and
to allege that he is under imminent danger of physical injury, the avenue to do so is to file his own
complaint.
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