Curry, Jr. v. City of Tupelo Police Department

Filing 23

ORDER DENYING Plaintiff's Second Motion 20 for Relief from Judgment or Order re 20 MOTION for Reconsideration re 14 Order on Motion for Reconsideration filed by James Curry, Jr.. Signed by Magistrate Judge Roy Percy on 5/11/22. (cb)

Case: 1:20-cv-00177-RP Doc #: 23 Filed: 05/11/22 1 of 1 PageID #: 66

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
JAMES CURRY, JR.

PLAINTIFF

v.

No. 1:20CV177-RP

CITY OF TUPELO POLICE DEPARTMENT

DEFENDANT

ORDER DENYING PLAINTIFF’S SECOND MOTION [20]
FOR RELIEF FROM JUDGMENT OR ORDER
This matter comes before the court on the plaintiff’s second motion [20] for
reconsideration 1 of the court’s order [10] dismissing the instant case for failure to state a claim
upon which relief could be granted. The court interprets the motion, using the liberal standard
for pro se litigants set forth in Haines v. Kerner, 404 U.S. 519 (1972), as a motion for relief from
a judgment or order under FED. R. CIV. P. 60. An order granting relief under Rule 60 must be
based upon: (1) clerical mistakes, (2) mistake, inadvertence, surprise, or excusable neglect, (3)
newly discovered evidence, (4) fraud or other misconduct of an adverse party, (5) a void
judgment, or (6) any other reason justifying relief from the operation of the order. Id. The
plaintiff, again, merely restates the arguments the court rejected in dismissing the case. As such,
the plaintiff has neither asserted nor proven any of the specific justifications for relief from an
order permitted under Rule 60. In addition, the plaintiff has not presented “any other reason
justifying relief from the operation” of the judgment. As such, the plaintiff’s second request
[20] for reconsideration is DENIED.
SO ORDERED, this, the 11th day of May, 2022.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE
1 The plaintiff has styled his motion as one seeking reconsideration of the court’s previous order
[14] (which denied reconsideration of the dismissal [10] of this case).