BROWN v. OWENS et al

Filing 20

ORDER denying 17 Motion for Reconsideration Ordered by U.S. District Judge HUGH LAWSON on 1/12/2015 (aks)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
JESSE BROWN,
Plaintiff,
vs.

:
:
:

BRIAN OWENS, Commissioner, Department :
of Corrections; SHIRLEY BALOCK;
DONNIE SPIRLEY; JUITH HAMILTON,
:
M/H Counselor, ASMP; TAYLOR, Counselor,
VSP; and STABLTEN, Counselor, VSP,
:
Defendants.

CASE NO. 7:14-CV-170-HL-TQL
PROCEEDINGS UNDER 42 U.S.C. § 1983

:

ORDER
The Court previously dismissed Plaintiff Jesse Brown’s Section 1983 complaint under
the “three strikes” provision of the Prison Litigation Reform Act, codified at 28 U.S.C. §
1915(g). Order, Dec. 5, 2014, ECF No. 10. Plaintiff seeks reconsideration of that Order.
Reconsideration of the Court’s order “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, No. 5:08-cv-246 (CAR), 2010 WL 339806,
at *1 (M.D. Ga. Jan. 21, 2010). Plaintiff does not assert that there was an intervening change in
the law or that he has discovered new evidence, so the Court presumes that he is arguing that the
Court made a clear error of law or fact. However, Plaintiff fails to cite any support for his
motion. He simply moves the court to reopen his case. Mot. for Reconsid. 1, ECF No. 17. This
Court fails to find that its ruling in this case was clearly erroneous. Accordingly, Plaintiff’s
Motion for Reconsideration is DENIED.

SO ORDERED, this 12th day of January, 2015.

s/ Hugh Lawson__________________
HUGH LAWSON, SENIOR JUDGE

lws

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