Lee v. Cain

Filing 59

ORDER & REASONS: 58 Petitioner's motion is entitled Request for Re-Hearing from the Denial of the Petitioners Motion for Relief from Judgment Federal Rules for Civil Procedure Rule 60(b). The Court shall construe this as a second motion for reconsideration. ORDERED that Petitioner Charles Lee's Motion for Reconsideration (Rec. Doc. 58) is hereby DENIED. Signed by Judge Carl Barbier on 11/9/16. (sek)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CHARLES LEE

CIVIL ACTION

VERSUS

NO: 12-1185

N. BURL CAIN, WARDEN

SECTION: “J”
ORDER AND REASONS

Before the Court is Petitioner Charles Lee’s Second Motion
for

Reconsideration. 1

(Rec.

Doc.

58)

This

Court

previously

determined that Petitioner’s First Motion for Reconsideration (R.
Doc. 38) was untimely. (R. Doc. 57.) Upon review of the record,
Mr. Lee’s motion, and the applicable law, this Court finds, for
the reasons set forth below, that Plaintiff’s Second Motion for
Reconsideration (R. Doc. 58) should be DENIED.
Rule 60(b) provides that a court may reconsider an order for
several reasons: (1) mistake, inadvertence, surprise, or excusable
neglect;

(2)

newly

discovered

evidence

which

by

reasonable

diligence could not have been discovered in time to move for a new
trial under Rule 59(e); (3) fraud, misrepresentation, or other
misconduct; (4) the judgment is void; (5) the judgment has been
satisfied, released, or discharged, or it is based on a prior

1

Petitioner’s motion is entitled “Request for Re-Hearing from the Denial of
the Petitioner’s Motion for Relief from Judgment Federal Rules for Civil
Procedure Rule 60(b).” The Court shall construe this as a second motion for
reconsideration.

judgment that has been reversed or vacated, or it is no longer
equitable for the judgment to have prospective application; or (6)
any other reason that justifies relief.

Fed. R. Civ. P. 60(b).

A

district court has considerable discretion to grant or deny a
motion for reconsideration. See Edward H. Bohlin Co. v. Banning
Co., 6 F.3d 350, 355 (5th Cir. 1993).

A court’s reconsideration

of an earlier order is an extraordinary remedy that should be
granted sparingly.

Kelly v. Bayou Fleet, Inc., No. 05-6871, 2007

WL 3275200, at *1 (E.D. La. Nov. 6, 2007).
Plaintiff has failed to allege any facts that would support
the granting of his Second Motion for Reconsideration pursuant to
Rule

60(b).

Furthermore,

Petitioner

has

already

sought

reconsideration from this Court, which was denied. (R. Doc. 57.)
Accordingly,
IT IS ORDERED that Petitioner Charles Lee’s Motion for
Reconsideration (Rec. Doc. 58) is hereby DENIED.
New Orleans, Louisiana, this 9th day of November, 2016.

____________________________
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE